Common use of Avoidance of Certain Actions Clause in Contracts

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.

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.

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.

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.

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.

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.

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.

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.

Avoidance of Certain Actions. The Company will not, by amendment of its certificate Articles of incorporation Incorporation or Bylaws 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 Warrantholder against dilution or other impairment.

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.

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.

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 against dilution or other impairmentWarrantholder.

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.

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 Warrantholders against impairment of this Warrant against dilution or other impairmenttheir rights hereunder.

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 my be necessary or appropriate in order to protect the rights of the holders Warrantholders against impairment of this Warrant against dilution or other impairmenttheir rights hereunder.

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.

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.

Avoidance of Certain Actions. The Company will not, by amendment of its certificate Articles of incorporation Incorporation or Bylaws or through any reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwise, otherwise avoid or take any action which would have the effect of avoiding 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 impairment.

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.

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 against dilution or other impairmentWarrantholder hereunder.

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.

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.

Avoidance of Certain Actions. The Company will not, by amendment of its certificate Certificate of incorporation Incorporation or through any capital reorganization, transfer of assets, consolidation, merger, issue or sale of securities or otherwiseany other voluntary action, 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 against dilution or other impairmentWarrantholders hereunder.

Avoidance of Certain Actions. The Company will not, by amendment ---------------------------- of its certificate of incorporation organizational documents 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 Holder of this Warrant against dilution or other impairment.

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.