Common use of Conflict with Articles of Association Clause in Contracts

Conflict with Articles of Association. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Articles or other constitutional documents, the terms of this Agreement shall prevail as between the shareholders of the Company only. The Investors and the Founder Parties shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible.

Appears in 5 contracts

Samples: Shareholders’ Agreement, Series D Preferred Share Purchase Agreement (Momo Inc.), Shareholders’ Agreement (Momo Inc.)

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Conflict with Articles of Association. In The Parties hereto (other than the Company) agree that in the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Articles or Memorandum of Association or other constitutional documents, the terms of this Agreement shall prevail as between the shareholders of the Company only. The Investors and Parties (other than the Founder Parties Company) shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible.

Appears in 3 contracts

Samples: Shareholders Agreement (Nobao Renewable Energy Holdings LTD), Shareholders Agreement (Nobao Renewable Energy Holdings LTD), Shareholders Agreement (Nobao Renewable Energy Holdings LTD)

Conflict with Articles of Association. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Memorandum and Articles of Association or other constitutional documents, the terms of this Agreement shall prevail as between the shareholders of the Company Shareholders only. The Investors Investors, the Founders’ HoldCo and the Founder Parties Founders shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible.

Appears in 2 contracts

Samples: Voting Agreement (NetQin Mobile Inc.), Voting Agreement (NetQin Mobile Inc.)

Conflict with Articles of Association. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Articles Articles, memorandum and articles of association of any Group Company or other constitutional documents, the terms of this Agreement shall prevail as between the shareholders Shareholders of the Company only. The Investors Preferred Shareholders and the Founder Parties Founders shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible.

Appears in 2 contracts

Samples: Shareholders’ Agreement (Qiniu Ltd.), Shareholders’ Agreement (Qiniu Ltd.)

Conflict with Articles of Association. In the event of any conflict ambiguity or inconsistency discrepancy between the provisions of this Agreement agreement and the Articles of Association, the provisions of the Company’s Articles or other constitutional documents, the terms of this Agreement agreement shall prevail as between the shareholders Shareholders for so long as this agreement remains in force. Each of the Company only. The Investors Shareholders shall exercise all voting and the Founder Parties shall, notwithstanding the conflict or inconsistency, act other rights and powers available to it so as to give effect to the intent provisions of this Agreement agreement and, if necessary, to procure (so far as it is able to do so) any required amendment to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possibleArticles of Association.

Appears in 2 contracts

Samples: Chicago Mercantile Exchange Holdings Inc, Agreement (Regus PLC)

Conflict with Articles of Association. In The Parties hereto (other than the Company) agree that in the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Memorandum and Articles or other constitutional documents, the terms of this Agreement shall prevail as between the shareholders of the Company only. The Investors and Parties (other than the Founder Parties Company) shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible.

Appears in 2 contracts

Samples: Shareholders Agreement (Nobao Renewable Energy Holdings LTD), Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD)

Conflict with Articles of Association. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Memorandum and Articles or other constitutional documents, the terms of this Agreement shall prevail as between the shareholders of the Company only. The Investors Investors, the Founders’ HoldCo and the Founder Parties Founders shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible.

Appears in 2 contracts

Samples: Shareholders Agreement (NetQin Mobile Inc.), Shareholders Agreement (NetQin Mobile Inc.)

Conflict with Articles of Association. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Articles or Memorandum of Association or other constitutional documents, the terms of this Agreement shall prevail as between the shareholders of the Company only. The Investors and the Founder Parties parties shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible.

Appears in 1 contract

Samples: Shareholders Agreement (SKY-MOBI LTD)

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Conflict with Articles of Association. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Articles or other constitutional documents, the terms of this Agreement shall prevail as between among the shareholders Shareholders of the Company only. The Investors Investors, the Founders and the Founder Parties Holdcos shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible.

Appears in 1 contract

Samples: Assumption Agreement (TuSimple Holdings Inc.)

Conflict with Articles of Association. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Memorandum and Articles or other constitutional documents, the terms of this Agreement shall prevail as between the shareholders of the Company only. The Investors Investors, the Founders’ HoldCo and the Founder Parties Founders shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible. 8.14.

Appears in 1 contract

Samples: Shareholders Agreement

Conflict with Articles of Association. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Articles or other constitutional documents, the terms of this Agreement shall prevail as between the shareholders Shareholders of the Company only. The Investors and the Founder Parties Key Holders shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible.

Appears in 1 contract

Samples: Shareholders Agreement (Phoenix Tree Holdings LTD)

Conflict with Articles of Association. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Company’s Articles or other constitutional documents, the terms of this Agreement shall prevail as between among the shareholders of the Company only. The Investors Investors, the Angel Parties and the Founder Parties shall, notwithstanding the conflict or inconsistency, act so as to effect the intent of this Agreement to the greatest extent possible under the circumstances and shall promptly amend the conflicting constitutional documents to conform to this Agreement to the greatest extent possible.

Appears in 1 contract

Samples: Shareholders’ Agreement (Spark Education LTD)

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