No Avoidance. If the Company shall enter into any transaction for the purpose of avoiding the provisions of this Section 2, the benefits provided by such provisions shall nevertheless apply and be preserved.
Appears in 4 contracts
Samples: Private Placement Agreement (Sunpower Corp), Compensation and Funding Agreement (Sunpower Corp), Purchase Agreement (Sunpower Corp)
No Avoidance. If the Company shall enter into any transaction for the purpose of avoiding the application of the provisions of this Section 2, the benefits provided by of such provisions shall nevertheless apply and be preserved.
Appears in 3 contracts
Samples: Investor Rights Agreement (Novavax Inc), Rights Agreement (Novavax Inc), Investor Rights Agreement (King Pharmaceuticals Inc)
No Avoidance. If In the event the Company shall enter into any transaction for the purpose of avoiding the provisions of this Section 2Section, the benefits provided by such provisions shall nevertheless apply and be preserved.
Appears in 2 contracts
Samples: Warrant and Repurchase Agreement (Polydex Pharmaceuticals LTD/Bahamas), Raybor Management Inc
No Avoidance. If the Company shall enter into any transaction for the purpose of avoiding the provisions of this Section 2Annex A, the benefits provided by such provisions shall nevertheless apply and be preserved.
Appears in 2 contracts
Samples: Purchase Agreement (Eastman Kodak Co), Purchase Agreement (Eastman Kodak Co)
No Avoidance. If the Company Corporation shall enter into any transaction for the purpose of avoiding the application of the provisions of this Section 21, the benefits provided by of such provisions shall nevertheless apply and be preserved.
Appears in 2 contracts
Samples: Conversion Agreement (Focal Communications Corp), Conversion Agreement (Focal Communications Corp)
No Avoidance. If In the event that the Company shall enter into any transaction for the purpose of avoiding the application of the provisions of this Section SECTION 2, the benefits provided by such provisions shall nevertheless apply and be preserved.
Appears in 2 contracts
Samples: Zimmerman Sign Co, Zimmerman Sign Co
No Avoidance. If the Company shall enter into any transaction for the purpose of avoiding the application of the provisions of this Section 2SECTION 4.1, the benefits provided by such provisions shall nevertheless apply and be preserved.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Comple Tel LLC)
No Avoidance. If In the event the Company shall enter into any transaction for the purpose of avoiding the provisions of this Section SECTION 2, the benefits provided by such provisions shall nevertheless apply and be preserved.
Appears in 1 contract
No Avoidance. If In the event that the Company shall enter into any transaction for the purpose of avoiding the application of the provisions of this Section 2, the benefits provided by such provisions shall nevertheless apply and be preserved.
Appears in 1 contract
Samples: Zimmerman Sign Co
No Avoidance. If In the event the Company shall enter into any transaction for the purpose of avoiding the provisions of this Section 23 hereof, the benefits provided by such provisions shall nevertheless apply and be preserved.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Morton Industrial Group Inc)
No Avoidance. If In the event the Company shall enter into any transaction for the purpose of avoiding the provisions of this Section 2, the benefits provided by such provisions shall nevertheless apply and be preserved.
Appears in 1 contract
Samples: Shareholder Offer Agreement (Service Systems International LTD)
No Avoidance. If In the event the Company shall enter into any transaction for the purpose of avoiding the provisions of this Section 2Article IX, the benefits provided by such provisions shall nevertheless apply and be preserved.
Appears in 1 contract
No Avoidance. If In the event the Company shall enter into any transaction for the purpose of avoiding the provisions of this Section 2, the benefits provided by such provisions provision shall nevertheless apply and be preserved.
Appears in 1 contract
Samples: Exercise Agreement (International Wireless Communications Holdings Inc)
No Avoidance. If the Company shall enter into any transaction for the purpose of avoiding the application of the provisions of this Section SECTION 2, the benefits provided by of such provisions shall nevertheless apply and be preserved.
Appears in 1 contract
Samples: Investor Rights Agreement (King Pharmaceuticals Inc)
