Common use of Company Covenant Clause in Contracts

Company Covenant. The Company hereby agrees to use all reasonable efforts to give effect to the provisions of Section 3.1. In this regard, the Company shall, subject to the provisions of Section 3.1, duly nominate the designees set forth above for election to the Board and shall include in any proxy solicitation materials related to the election of members of the Board such information and recommendations of the Board as are appropriate in proxy solicitation materials. Each Shareholder shall vote such Shareholder's shares of Common Stock at any regular or special meeting of the Shareholders or in any written consent executed in lieu of such a meeting of Shareholders for the election of such designees. The Company and each Shareholder shall take all other actions necessary to ensure that the certificate of incorporation and by-laws of the Company or any successor constituent documents as in effect immediately following the date hereof do not, at any time thereafter, conflict in any respect with the provisions of this Agreement.

Company Covenant. The Company hereby agrees to use all reasonable efforts to give effect to the provisions of Section 3.1. In this regard, the Company shall, subject to the provisions of Section 3.1, duly nominate the designees set forth above for election to the Board and shall include in any proxy solicitation materials related to the election of members of the Board such information and recommendations of the Board as are appropriate in proxy solicitation materials. Each Shareholder shall vote such Shareholder's shares of Common Stock at any regular or special meeting of the Shareholders or in any written consent executed in lieu of such a meeting of Shareholders for the election of such designees. The Company and each Shareholder shall take all other actions necessary to ensure that the certificate of incorporation and by-laws of the Company or any successor constituent documents as in effect immediately following the date hereof do not, at any time thereafter, conflict in any respect with the provisions of this Agreement.