Avoidance of Certain Actions. The Company will not, by amendment of its certificate of incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant against dilution or other impairment.
Appears in 5 contracts
Samples: Inmark Enterprises Inc, Inmark Enterprises Inc, Inmark Enterprises Inc
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Articles or Certificate of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 5 contracts
Samples: Digital Theater Systems Inc, Prospect Medical Holdings Inc, Prospect Medical Holdings Inc
Avoidance of Certain Actions. The Company will not, by amendment of its articles of incorporation, certificate of incorporation or any other charter document through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant against dilution or other impairmentimpairment of their rights hereunder.
Appears in 4 contracts
Samples: Cardiac Science Inc, Common Stock Purchase Agreement (Collagenex Pharmaceuticals Inc), Pearl Frank H
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Certificate of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 4 contracts
Samples: Allied Healthcare Products Inc, Allied Healthcare Products Inc, Woodbourne Partners L P
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Articles of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Akorn Inc), Common Stock Purchase Warrant (Akorn Inc), Akorn Inc
Avoidance of Certain Actions. The Company will not, by ---------------------------- amendment of its certificate Articles of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 3 contracts
Samples: Pcsupport Com Inc, Pcsupport Com Inc, Pcsupport Com Inc
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Certificate of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution as provided herein or other impairmentimpairment of their rights hereunder.
Appears in 2 contracts
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Articles or Certificates of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 2 contracts
Avoidance of Certain Actions. The Company will not, by ---------------------------- amendment of its certificate Certificate of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution as provided herein or other impairmentimpairment of their rights hereunder.
Appears in 1 contract
Samples: Malone Arthur L Jr
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Articles of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which 40 41 would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 1 contract
Samples: Convertible Bridge Loan and Warrant Agreement (Akorn Inc)
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Articles of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which 58 59 would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 1 contract
Samples: Convertible Bridge Loan and Warrant Agreement (Akorn Inc)
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Certificate of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action actions as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 1 contract
Samples: Mobile Mini Inc
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Certificate of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding breaching this Warrant in any material respect or precluding the observance or performance of any of the terms to be observed or performed hereunder by the CompanyCompany of its obligations hereunder, but will at all times in good faith assist in carrying out all of implementing the provisions of this Warrant Agreement and in taking of all such action actions as may be reasonably necessary or appropriate in order to protect the rights of the holders of this Warrant R&R against material dilution or other impairmentimpairment of its rights hereunder.
Appears in 1 contract
Samples: Warrant Agreement (Pharmhouse Corp)
Avoidance of Certain Actions. The Company will not, by amendment ---------------------------- of its certificate Articles of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 1 contract
Samples: Pcsupport Com Inc
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Certificate of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, stock exchange, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholder against dilution or other impairmentimpairment of his rights hereunder.
Appears in 1 contract
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Certificates of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 1 contract
Samples: Cooper Companies Inc
Avoidance of Certain Actions. The Company will not, by amendment of its certificate Articles or Certificates of incorporation Incorporation or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, avoid or take any action which would have the effect of avoiding the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in carrying out all of the provisions of this Warrant and in taking all of all such action actions as may be necessary or appropriate in order to protect the rights of the holders of this Warrant Warrantholders against dilution or other impairmentimpairment of their rights hereunder.
Appears in 1 contract
Samples: Commonwealth Energy Corp