No Avoidance. The Company shall not, by amendment of its certificate of incorporation or bylaws 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 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder of this Warrant against dilution or other impairment as if the holder was a stockholder of the Company entitled to the benefit of fiduciary duties afforded to stockholders under Delaware law.
Appears in 3 contracts
Samples: Warrant Agreement (Alexza Pharmaceuticals Inc.), Warrant Agreement (Alexza Pharmaceuticals Inc.), Underwriting Agreement (Alexza Pharmaceuticals Inc.)
No Avoidance. The Company shall not, by amendment of its certificate of incorporation or bylaws 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 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder of this Warrant against dilution or other impairment as if the holder was a stockholder shareholder of the Company entitled to the benefit of fiduciary duties afforded to stockholders shareholders under Delaware law.
Appears in 2 contracts
Samples: Warrant Agreement (Alexza Pharmaceuticals Inc.), Warrant Agreement (Nexsan Corp)
No Avoidance. The Company shall not, by amendment of its certificate of incorporation Charter or bylaws 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 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder of this Warrant against dilution or other impairment as if the holder was a stockholder shareholder of the Company entitled to the benefit of fiduciary duties afforded to stockholders shareholders under Delaware law.
Appears in 1 contract
Samples: Credit Agreement (Harmony Biosciences Holdings, Inc.)
No Avoidance. The Company shall not, by amendment of its certificate of incorporation or bylaws 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 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder of this Warrant against dilution or other impairment as if the holder was a stockholder of the Company entitled to the benefit of fiduciary duties afforded to stockholders under Delaware law.
Appears in 1 contract