Common use of No Frustration Clause in Contracts

No Frustration. So long as the Buyer holds any Securities, neither the Company nor any of its affiliates or Subsidiaries, nor any of its or their respective officers, employees, directors, agents or other representatives, will, without the prior written consent of the Buyer (which consent may be withheld, delayed or conditioned in the sole discretion of such Buyer), effect, enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction (or issue, amend or waive any security) that would or would reasonably be expected to restrict, delay, conflict with or impair the ability or right of the Company to timely perform its obligations under this Agreement, the Certificate of Designations or the Warrants, including, without limitation, the obligation of the Company to timely deliver shares of Common Stock to the Buyers (or a designee thereof, if applicable) in accordance with this Agreement, the Certificate of Designations or the Warrants.

No Frustration. So long as the Buyer holds Investor or its affiliates hold any Securities, neither the Company nor any of its affiliates or Subsidiaries, nor any of its or their respective officers, employees, directors, agents or other representatives, will, without the prior written consent of the Buyer Investor (which consent may be withheld, delayed or conditioned in the Investor’s sole discretion of such Buyerdiscretion), effect, enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction (or issue, amend or waive any security) that would or would reasonably be expected to restrict, delay, conflict with or impair the ability or right of the Company to timely perform its obligations under this Agreement, the Certificate of Designations Registration Rights Agreement or the WarrantsNote, including, without limitation, the obligation of the Company to timely deliver shares Conversion Shares upon conversion of Common Stock to the Buyers (or a designee thereof, if applicable) in accordance with this Agreement, the Certificate of Designations or the WarrantsNote.

No Frustration. So long as the Buyer holds any Securities, neither the Company nor any of its affiliates or Subsidiaries, nor any of its or their respective officers, employees, directors, agents or other representatives, will, without the prior written consent of the Buyer (which consent may be withheld, delayed or conditioned in the sole discretion of such Buyer), effect, enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction (or issue, amend or waive any security) that would or would reasonably be expected to restrict, delay, conflict with or impair the ability or right of the Company to timely perform its obligations under this Agreement, the Certificate of Designations or the WarrantsConvertible Promissory Note, including, without limitation, the obligation of the Company to timely deliver shares of Common Stock the Conversion Shares to the Buyers Buyer (or a designee thereof, if applicable) in accordance with this Agreement, Agreement and the Certificate of Designations or the WarrantsConvertible Promissory Note.