Common use of Avoidance of Restrictions Clause in Contracts

Avoidance of Restrictions. The Parties agree that the transfer restrictions in this Agreement shall not be circumvented or avoided by the holding of Shares indirectly through another Person that can itself be sold in order to dispose of an interest in Shares free of such restrictions. Any Transfer or other disposal of any Shares resulting in any Change of Control of a Shareholder or of any Person having control over that Shareholder shall be treated as being a Transfer of the Shares held by that Shareholder, and the provisions of this Agreement that apply in respect of the Transfer of Shares shall thereupon apply in respect of the Shares so held.

Appears in 2 contracts

Samples: Joint Venture Agreement, Joint Venture Agreement (AeroVironment Inc)

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Avoidance of Restrictions. The Parties agree that the transfer Transfer restrictions in this Agreement shall not be circumvented or capable of being avoided by the holding of Shares indirectly through another Person a company or other entity that can itself be sold or that can itself issue securities in order to dispose of or transfer an interest in Shares free of such restrictions. Any Transfer or other disposal of any Shares resulting in any Change of Control shares (or other interest) of a Shareholder or of any Person company (or other entity) having control over that Shareholder shall be treated as being a Transfer of the Shares held by that Shareholder, and the provisions of this Agreement that apply in respect of the Transfer of Shares shall thereupon apply in respect of the Shares so held.

Appears in 2 contracts

Samples: Share Subscription Agreement (Qihoo 360 Technology Co LTD), Shareholder Agreement (A-Max Technology LTD)

Avoidance of Restrictions. The Parties agree that the transfer Transfer restrictions in this Agreement shall not be circumvented or capable of being avoided by the holding of Shares indirectly through another Person a company or other entity that can itself be sold in order to dispose of an interest in Shares free of such restrictions. Any Transfer or other disposal of any Shares resulting Equity Securities (or other interest) in any Change of Control of a Shareholder direct or of any Person having control over that Shareholder indirect holding company set up to hold Shares by the Controlling Shareholders shall be treated as being a Transfer of the Shares held by that Shareholderthe Controlling Shareholders, and the provisions of this Agreement that apply in respect of the Transfer of Shares shall thereupon apply in respect of the Shares Equity Securities so held.

Appears in 1 contract

Samples: Note Purchase Agreement (Zhang Liang)

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Avoidance of Restrictions. The Parties agree that the transfer Transfer restrictions in this Agreement shall not be circumvented or capable of being avoided by the holding of Ordinary Shares indirectly through another a Person that can itself be sold in order to dispose of an interest in Ordinary Shares free of such restrictions. Any Transfer or other disposal of any Shares shares (or other interest) resulting in any Change of Control change in the control of a Shareholder or of any Person company (or other entity) having control over that Shareholder shall be treated as being a Transfer of the Ordinary Shares held by that Shareholder, and the provisions of this Agreement that apply in respect of the Transfer of Shares Section 3 hereof shall thereupon apply in respect of the Ordinary Shares so held.

Appears in 1 contract

Samples: Shareholders Agreement (MK Arizona Corp.)

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