Common use of No Avoidance Clause in Contracts

No Avoidance. The Company shall not, by way of amendment of the Charter or the Stockholders Agreement or through any consolidation, merger, reorganization, transfer of assets, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, but will at all times in good faith assist in the carrying out of all such terms.

Appears in 4 contracts

Samples: Warrant to Purchase Common Stock (WeWork Inc.), Warrant to Purchase Common Stock (WeWork Inc.), Warrant Agreement (BowX Acquisition Corp.)

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No Avoidance. The Company shall will not, by way of amendment of the Charter or the Stockholders Agreement its Certificate of Incorporation or through any consolidationreorganization, merger, reorganizationrecapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this Warrantto be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 3.2 and in the taking of all such termsaction as may be necessary or appropriate in order to protect the rights of the Holder.

Appears in 2 contracts

Samples: Warrant Agreement (Gateway Industries Inc /De/), Warrant Agreement (Gateway Industries Inc /De/)

No Avoidance. The Company shall not, by way of amendment of the Charter its certificate of incorporation or the Stockholders Agreement by-laws or through any consolidation, merger, reorganization, transfer of assets, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, but will at all times in good faith assist in the carrying out of all such terms.

Appears in 2 contracts

Samples: Warrant Agreement (Natera, Inc.), Warrant Agreement (Natera, Inc.)

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No Avoidance. The Company shall not, by way of amendment of the Charter or the Stockholders Stockholders’ Agreement or through any consolidation, merger, reorganization, transfer of assets, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, but will at all times in good faith assist in the carrying out of all such terms.

Appears in 1 contract

Samples: Note Purchase Agreement (WeWork Inc.)

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