Common use of Avoidance of Certain Actions Clause in Contracts

Avoidance of Certain Actions. The Company will not, by amendment of its Articles of 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 such action as may be necessary or appropriate in order to protect the rights of the Warrantholder against impairment.

Appears in 2 contracts

Samples: Exchange Agreement (Mdsi Mobile Data Solutions Inc /Can/), Mdsi Mobile Data Solutions Inc /Can/

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Avoidance of Certain Actions. The Company will not, by amendment of its Articles Certificate of 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 such action actions as may my be necessary or appropriate in order to protect the rights of the Warrantholder Warrantholders against impairmentimpairment of their rights hereunder.

Appears in 1 contract

Samples: Triton Network Systems Inc

Avoidance of Certain Actions. The Company will not, by amendment of its Articles or Certificates of 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 such action as may be necessary or appropriate in order to protect the rights of the Warrantholder against impairmenthereunder.

Appears in 1 contract

Samples: Integrated Information Systems Inc

Avoidance of Certain Actions. The Company will not, by amendment of its Articles articles of Incorporation incorporation, certificate of incorporation or Bylaws 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 such action as may be necessary or appropriate in order to protect the rights of the Warrantholder against impairment.

Appears in 1 contract

Samples: Neotherapeutics Inc

Avoidance of Certain Actions. The Company will not, by amendment of its Articles Certificate of Incorporation or Bylaws 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 such action actions as may be necessary or appropriate in order to protect the rights of the Warrantholder against impairmentWarrantholders hereunder.

Appears in 1 contract

Samples: Softnet Systems Inc

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Avoidance of Certain Actions. The Company will not, by amendment of its Articles of 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 such action as may be necessary or appropriate in order to protect the rights of the Warrantholder against impairment.

Appears in 1 contract

Samples: Gerimed of America Inc

Avoidance of Certain Actions. The Company will not, by amendment of its Articles of 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 such action as may be necessary or appropriate in order to protect the rights of the Warrantholder against impairmentWarrantholder.

Appears in 1 contract

Samples: Maxwell Technologies Inc

Avoidance of Certain Actions. The Company will not, by amendment of its Articles Certificate of 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 such action actions as may be necessary or appropriate in order to protect the rights of the Warrantholder Warrantholders against impairmentimpairment of their rights hereunder.

Appears in 1 contract

Samples: Triton Network Systems Inc

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