No Avoidance. Not to avoid or seek to avoid (whether by charter amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be true; and
Appears in 10 contracts
Samples: Stock Option Agreement (American Stores Co /New/), Stock Option Agreement (American Stores Co /New/), Stock Option Agreement (Albertsons Inc /De/)
No Avoidance. Not to It will not avoid or seek to avoid (whether by charter amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder under this Agreement by Issuer and not to take any action which would cause any of its representations or warranties not to be true; andIssuer.
Appears in 9 contracts
Samples: Stock Option Agreement (Ing Groep Nv), Stock Option Agreement (Union Carbide Corp /New/), Stock Option Agreement (American International Group Inc)
No Avoidance. Not to avoid or seek to avoid (whether by charter amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be trueIssuer; and
Appears in 9 contracts
Samples: Stock Option Agreement (SBC Communications Inc), Stock Option Agreement (SBC Communications Inc), Merger Agreement (SBC Communications Inc)
No Avoidance. Not to avoid or seek to avoid (whether by charter amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be truetrue in any material respect; and
Appears in 4 contracts
Samples: Stock Option Agreement (Fred Meyer Inc), Stock Option Agreement (Kroger Co), Stock Option Agreement (Kroger Co)
No Avoidance. Not to avoid or seek to avoid (whether by charter ------------ amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be truetrue in any material respect; and
Appears in 2 contracts
Samples: Stock Option Agreement (Microcide Pharmaceuticals Inc), Stock Option Agreement (Microcide Pharmaceuticals Inc)
No Avoidance. Not to avoid or seek to avoid (whether by charter ------------ amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be trueIssuer; and
Appears in 2 contracts
Samples: Stock Option Agreement (Nationsrent Inc), Stock Option Agreement (Rental Service Corp)
No Avoidance. Not to avoid or seek to avoid (whether by charter ------------ amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be true; andthe Company.
Appears in 1 contract
No Avoidance. Not to avoid or seek to avoid (whether by ------------ charter amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be truetrue in any material respect; and
Appears in 1 contract
No Avoidance. Not to avoid or seek to avoid (whether by charter amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements stipulations, or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be trueIssuer; and
Appears in 1 contract
Samples: Stock Option Agreement (Allegheny Power System Inc)
No Avoidance. Not to avoid or seek to avoid (whether by charter amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be true; andIssuer.
Appears in 1 contract
Samples: Stock Option Agreement (Vivendi)
No Avoidance. Not to avoid or seek to avoid (whether by charter amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance observ ance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be trueIssuer; and
Appears in 1 contract
Samples: Stock Option Agreement (Southern New England Telecommunications Corp)
