Company Charter and Company Bylaws. The provisions of this Agreement shall be controlling if any such provisions or the operation thereof conflict with the provisions of the Company Charter or the Company Bylaws. The Company and the Stockholders agree to take all Necessary Action within their control to amend the Company Charter and Company Bylaws so as to avoid any conflict with the provisions hereof.
Appears in 5 contracts
Samples: Shareholder Agreements (Ensemble Health Partners, Inc.), Stockholders Agreement (LifeStance Health Group, Inc.), Stockholders Agreement (McAfee Corp.)
Company Charter and Company Bylaws. (a) The provisions of this Agreement shall be controlling if any such provisions or the operation thereof conflict with the provisions of the Company Charter or the Company Bylaws. The Company and the Stockholders Principal Sponsors agree to take all Necessary Action within their control to amend the Company Charter and Company Bylaws so as to avoid any conflict with the provisions hereof.
(b) Any amendment to the Company Bylaws shall only be effective if approved by Requisite Investor Approval or such shareholder approval as is set forth in the Company Bylaws.
Appears in 3 contracts
Samples: Stockholders Agreement (Taylor Morrison Home Corp), Stockholders Agreement (Taylor Morrison Home Corp), Shareholder Agreements
Company Charter and Company Bylaws. (a) The provisions of this Agreement shall be controlling if any such provisions or the operation thereof conflict with the provisions of the Company Charter or the Company Bylaws. The Company and the Stockholders STORE Holding agree to take all Necessary Action within their control to amend the Company Charter and Company Bylaws so as to avoid any conflict with the provisions hereof.
(b) Any amendment to the Company Bylaws shall only be effective if approved by Requisite Investor Approval or, after Requisite Investor Approval is no longer required, such approval as is set forth in the Company Bylaws.
Appears in 2 contracts
Samples: Shareholder Agreement (STORE CAPITAL Corp), Stockholders Agreement (STORE CAPITAL Corp)
