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: Compensation and Funding Agreement (Sunpower Corp), Private Placement Agreement (Sunpower Corp), Security 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), Investor 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), Warrant Agreement (Raybor Management Inc)
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: Senior Subordinated Note, Preferred Stock and Warrant Purchase Agreement (Zimmerman Sign Co), Senior Subordinated Note, Preferred Stock and Warrant Purchase Agreement (Zimmerman Sign Co)
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: Security Agreement (Eastman Kodak Co), Security 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 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
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 2Article IX, 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: Senior Subordinated Note, Preferred Stock and Warrant Purchase Agreement (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 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)
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
Samples: Membership Interest Purchase Warrant and Repurchase Agreement (Ubiquitel Operating Co)
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: Strategic Alliance Agreement (Service Systems International LTD)
