No Impairment; Certain Events. (i) Dura shall not, by amendment of its Certificate of Incorporation or through any reorganization, reclassification, consolidation, merger, sale, lease or transfer of assets, issuance or sale of securities or any other action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed under this Section 13 by Dura, but will at all times in good faith assist in the carrying out of all the provisions of this Section 13 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders against impairment.
Appears in 3 contracts
Samples: Warrant Agreement (Dura Pharmaceuticals Inc/Ca), Warrant Agreement (Dura Pharmaceuticals Inc/Ca), Warrant Agreement (Dura Pharmaceuticals Inc/Ca)
No Impairment; Certain Events. (i) Dura shall not, by amendment of its Certificate certificate of Incorporation incorporation or through any reorganization, reclassification, consolidation, merger, sale, lease or transfer of assets, issuance or sale of securities or any other action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed under this Section 13 12 by Dura, but will at all times in good faith assist in the carrying out of all the provisions of this Section 13 12 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders against impairment.
Appears in 2 contracts
Samples: Warrant Agreement (Dura Pharmaceuticals Inc), Agreement and Plan of Merger (Spiros Development Corp Ii Inc)