Conflict with Articles of Association. 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 Parties (other than the 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: Series a Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Shareholder Agreement (Nobao Renewable Energy Holdings LTD), Shareholder Agreement (Nobao Renewable Energy Holdings LTD)
Conflict with Articles of Association. 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 Memorandum of Association or other constitutional documents, the terms of this Agreement shall prevail as between the shareholders of the Company only. The Parties (other than the 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: Series a 1 Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Shareholders Agreement (Nobao Renewable Energy Holdings LTD)
