Common use of Company’s Performance Clause in Contracts

Company’s Performance. In any situation in which the Company is or may be unable to fulfill any obligation to redeem or pay for any Shares due to the prohibitive provisions of any statute, or due to limitations contained in its articles of incorporation or bylaws, the Company shall use its best efforts to take such action as may be reasonably necessary to enable the Company, if possible, to fulfill such redemption or payment obligation. The actions to be taken shall include, but not be limited to, the reappraisal and revaluation of the total assets, properties and rights of the Company (including accounts receivable and goodwill, if applicable) at their then current fair market value.

Appears in 6 contracts

Samples: Stock Restriction and Repurchase Agreement, Stock Restriction and Repurchase Agreement, Stock Restriction and Repurchase Agreement (Altair Engineering Inc.)

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