Common use of No Impairment Clause in Contracts

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 68 contracts

Samples: Warrant Agreement (Epocrates Inc), Warrant Agreement (Cardionet Inc), Warrant Agreement (Epocrates Inc)

AutoNDA by SimpleDocs

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 19 contracts

Samples: Warrant Agreement (Prometheus Laboratories Inc), Warrant Agreement (Fusion Medical Technologies Inc), Warrant Agreement (Atpos Com Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 16 contracts

Samples: Loan and Security Agreement (Anda Networks Inc), Warrant Agreement (Accelerize New Media Inc), Warrant Agreement (Accelerize New Media Inc)

No Impairment. The Company shall not, by amendment of its ------------- Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 12 contracts

Samples: Warrant Agreement (Sonic Innovations Inc), Warrant Agreement (Digital Insight Corp), Warrant Agreement (Clarus Corp)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price price of this Warrant is unchanged.

Appears in 10 contracts

Samples: Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.), Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.), Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.)

No Impairment. The Company shall not, by amendment of its Articles of ------------- Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 9 contracts

Samples: Warrant Agreement (Releasenow Com Corp), Warrant Agreement (Consilium Inc), Loan Agreement (Salon Internet Inc)

No Impairment. The Company shall not, by amendment of its Articles articles of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 7 contracts

Samples: Warrant Agreement (Macrosolve Inc), Warrant Agreement (Macrosolve Inc), Warrant Agreement (Cavit Sciences, Inc.)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 7 contracts

Samples: Warrant Agreement (Immunicon Corp), Warrant Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (Anda Networks Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrantwarrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant warrant is unchanged.

Appears in 7 contracts

Samples: Warrant Agreement (Us Search Corp Com), Warrant Agreement (Us Search Corp Com), Warrant Agreement (Websidestory Inc)

No Impairment. The Company shall not, by amendment of its Articles of ------------- Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 7 contracts

Samples: Warrant Agreement (Cardima Inc), Warrant Agreement (Tvia Inc), Warrant Agreement (Tvia Inc)

No Impairment. The Company shall not, by amendment of its Articles articles of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's ’s rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 6 contracts

Samples: Warrant to Purchase Common Stock (American Security Resources Corp.), Warrant to Purchase Common Stock (Diatect International Corp), Warrant to Purchase Common Stock (Magic Media Networks Inc)

No Impairment. The Company shall not, by amendment of its Articles articles or certificate of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect the Holder's ’s rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects the Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares shares of Common Stock issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 5 contracts

Samples: Warrant Agreement (X-Change Corp), Warrant Agreement (X-Change Corp), Warrant Agreement (Ironman Energy Partners II LP)

No Impairment. The Company shall not, by amendment of its Articles articles of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect HolderXxxxxx's rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 5 contracts

Samples: Warrant to Purchase Common Stock (American Ammunition Inc /Ca), Warrant to Purchase Common Stock (Odyssey Pictures Corp), Warrant to Purchase Common Stock (Paystar Corp)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that such action is offset and the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 5 contracts

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

No Impairment. The Company shall not, by amendment of its Articles of Incorporation charter documents or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's ’s rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Warrant Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 5 contracts

Samples: Warrant to Purchase Common Stock (Material Technologies Inc /Ca/), Warrant to Purchase Common Stock (National Storm Management Inc.), Warrant to Purchase Common Stock (National Storm Management Inc.)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above (other than actions in the ordinary course of business) that adversely affects Holder's ’s rights under this Warrantwarrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant warrant is unchanged.

Appears in 4 contracts

Samples: Warrant Agreement (Rackspace Hosting, Inc.), Warrant Agreement (Rackspace Hosting, Inc.), Warrant Agreement (Rackspace Hosting, Inc.)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 4 contracts

Samples: Warrant Agreement (Focus Enhancements Inc), Warrant Agreement (Focus Enhancements Inc), Warrant Agreement (Focus Enhancements Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 4 contracts

Samples: Warrant Agreement (Omniture, Inc.), Warrant Agreement (Zamba Corp), Warrant Agreement (Zamba Corp)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 4 contracts

Samples: Warrant Agreement (Identiv, Inc.), Warrant Agreement (Auxilio Inc), Warrant Agreement (Optex Systems Holdings Inc)

No Impairment. The Company shall not, by amendment of its Articles of ------------- Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 3 contracts

Samples: Warrant Agreement (2bridge), Warrant Agreement (2bridge), Warrant Agreement (2bridge)

No Impairment. The Company shall not, by amendment of its Articles Articles/Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 3 contracts

Samples: Warrant Agreement (MOVING iMAGE TECHNOLOGIES INC.), Warrant Agreement (MOVING iMAGE TECHNOLOGIES INC.), Warrant Agreement (Emmaus Life Sciences, Inc.)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 3 contracts

Samples: Warrant Agreement (Sysview Technology, Inc.), Warrant Agreement (Sysview Technology, Inc.), Warrant Agreement (Chorum Technologies Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrantwarrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant warrant is unchanged.

Appears in 3 contracts

Samples: Warrant Agreement (Synbiotics Corp), Warrant Agreement (IPC the Hospitalist Company, Inc.), Warrant Agreement (Synbiotics Corp)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant Note by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 Section 5 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article Section against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects the Holder's ’s rights under this WarrantNote, then the Warrant Conversion Price shall be adjusted downward and the number of Shares shares of Common Stock issuable upon exercise conversion of this Warrant the Conversion Amount shall be adjusted upward in such a manner that the aggregate Warrant Conversion Price of this Warrant Note is unchanged.

Appears in 2 contracts

Samples: Satisfaction and Release Agreement, Satisfaction and Release Agreement (Argos Therapeutics Inc)

No Impairment. The Company shall not, by amendment of its Articles ------------- of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of any of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect product Holder's rights under this Article against impairment. If the Company takes any my action affecting the Shares or its common stock other than as described above that about the adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Intellisys Group Inc), Warrant Agreement (Intellisys Group Inc)

No Impairment. The Company shall not, by amendment of its Amended and Restated Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Section 7 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article Section 7 against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Subscription Agreement (Atlas Capital SA), Subscription Agreement (Atlas Capital SA)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that specifically and adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Loan and Security Agreement (Software Technologies Corp/), Loan and Security Agreement (Software Technologies Corp/)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights right under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrantwarrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (National Manufacturing Technologies), Warrant Agreement (National Manufacturing Technologies)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article SECTION 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Credit Agreement (Performant Financial Corp), Warrant Agreement (Performant Financial Corp)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Preferred Shares or its common stock shares other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Preferred Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Kanbay International Inc), Warrant Agreement (Kanbay International Inc)

No Impairment. The Company shall not, by amendment of its Articles ------------- Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Haht Commerce Inc), Warrant Agreement (Digital Insight Corp)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (P Com Inc), Warrant Agreement (P Com Inc)

No Impairment. The Company shall not, by amendment of its Articles articles or certificate of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect the Holder's rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects the Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares shares of Common Stock issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Samson Investment CO), Warrant Agreement (Samson Investment CO)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Superconductor Technologies Inc), Warrant Agreement (Superconductor Technologies Inc)

No Impairment. The Company shall not, by amendment of its ------------- Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of any of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect product Holder's rights under this Article against impairment. If the Company takes any my action affecting the Shares or its common stock other than as described above that about the adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Intellisys Group Inc), Warrant Agreement (Intellisys Group Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Emergisoft Holding Inc), Warrant Agreement (Emergisoft Holding Inc)

No Impairment. The Company shall not, by amendment of its Amended and Restated Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article Section against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Wavesplitter Technologies Inc), Warrant Agreement (Wavesplitter Technologies Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Auxilio Inc), Warrant Agreement (Auxilio Inc)

No Impairment. The Company shall not, by amendment of its Amended and Restated Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrantwarrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Us Data Authority Inc), Warrant Agreement (Usa Technologies Inc)

No Impairment. The Company shall not, by amendment of its Articles articles or certificate of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's ’s rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (MultiCell Technologies, Inc.), Warrant to Purchase Common Stock (Platina Energy Group Inc.)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant Debenture by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 Section 10 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article Section against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this WarrantDebenture , the Warrant Conversion Price shall be adjusted downward and the number of Shares issuable upon exercise conversion of this Warrant Debenture shall be adjusted upward in such a manner that the aggregate Warrant Conversion Price of this Warrant Debenture is unchanged.

Appears in 2 contracts

Samples: Convertible Subordinated Secured Debenture (Wesley Clover Corp), Convertible Subordinated Secured Debenture (Fastcomm Communications Corp)

No Impairment. The Company shall not, by amendment of its Articles ------------- of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Credit Terms and Conditions (Anchor Pacific Underwriters Inc), Warrant to Purchase Stock (Cardiodynamics International Corp)

No Impairment. The Company shall not, by amendment of its Articles ------------- of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Tvia Inc), Warrant Agreement (Tvia Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrantwarrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Archemix Corp.), Warrant Agreement (Archemix Corp.)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be he observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Warrant Agreement (Applied Molecular Evolution Inc), Warrant Agreement (Applied Molecular Evolution Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 2 contracts

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

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price price of this Warrant is unchanged.

Appears in 2 contracts

Samples: Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences, Inc.), Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences, Inc.)

No Impairment. The Company shall not, by amendment of its Articles articles of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article hereunder against impairment. If the Company takes any action xxxxxn affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Us Dataworks Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article Warrant against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant and to the extent reasonably possible, the benefit of this Warrant to Holder is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Advanced Power Technology Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's Holders rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Rubicon Technology, Inc.)

No Impairment. The Company shall not, by amendment of its Articles articles of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article hereunder against impairment. If the Company takes any action xxx xxtion affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Radix Marine Inc)

No Impairment. The Company shall not, . by amendment of its Articles of Incorporation Charter or through a reorganization, 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 to be observed or performed by the Company under this Warrant by the CompanyWarrant, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 Section 2, and in taking all such action as may be he necessary or appropriate to protect Holder's rights under this Article Section 2 against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be he adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Wave Systems Corp)

No Impairment. The Company shall not, by amendment of its Articles ------------- of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights r1uhts under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Egain Communications Corp)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 3 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant to Purchase Stock (Netobjects Inc)

No Impairment. The Company shall not, by amendment of its -------------- Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Pointe Communications Corp)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article ARTICLE 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article Section against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Nextron Communications Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant -warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrantwarrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged. In no event shall this Section be interpreted to prohibit an amendment to the Certificate of Incorporation, including but not limited to an amendment to change^ alter, or modify the terms of its preferred stock, so long as any amendment applies equally to all holders of Shares in the same manner.

Appears in 1 contract

Samples: Warrant Agreement (Newgistics, Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that intentionally and adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Witness Systems Inc)

No Impairment. The Company shall not, by amendment of its Articles articles or certificate of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (X-Change Corp)

No Impairment. The Company shall not, by amendment of its Articles articles of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect HolderHxxxxx's rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (One Voice Technologies Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner than that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Loudeye Corp)

AutoNDA by SimpleDocs

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Lc Capital Master Fund LTD)

No Impairment. The Company shall not, by amendment of its ------------- Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Getthere Com)

No Impairment. The Company shall not, by amendment of its Articles articles of Incorporation -------------- incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article against hereundex xxxxnst impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (Invicta Group Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock Preferred Series B Stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (IPC the Hospitalist Company, Inc.)

No Impairment. The Company shall not, by amendment of of' its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Collegeclub Com Inc)

No Impairment. The Company shall not, by amendment of its Articles articles of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article hereunder against impairment. If the Company takes xxxxx any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (Ultradata Systems Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's Holders rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Aml Communications Inc)

No Impairment. The Company shall not, by amendment of its Articles certificate of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonable necessary or appropriate to protect the Holder's ’s rights under this Article hereunder against impairment. If the Company takes any action affecting the its Shares or its common stock other than as described above in this Warrant that adversely affects affect the Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Debenture and Warrant Purchase Agreement (Airbee Wireless, Inc.)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation I incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Sandbox Entertainment Corp)

No Impairment. The Company shall not, by amendment of its Articles Certificate of ------------- Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Lionbridge Technologies Inc /De/)

No Impairment. The Company shall not, by amendment of its ------------- Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, Warrant the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Stamps Com Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action not in good faith affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Bridgeline Digital, Inc.)

No Impairment. The Company shall not, by amendment of its Articles or ------------- Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to --------- protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Holiday Rv Superstores Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Orthometrix Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above in this Section 2 that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Tumbleweed Software Corp)

No Impairment. The Company shall not, by amendment of its Articles Articles/Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action not in good faith affecting the Shares or its common stock (other than as described above above) that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Recruiter.com Group, Inc.)

No Impairment. The Company shall not, by amendment of its Articles of ------------- Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Fogdog Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article Section 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article Section against impairment. If the Company takes any action not in good faith affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Kludein I Acquisition Corp)

No Impairment. The Company shall not, by amendment of its Articles articles or certificate of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect the Holder's rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects the Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Warrant Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Debenture Warrant (NYTEX Energy Holdings, Inc.)

No Impairment. The Company shall not, by amendment of its Articles articles ------------- of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article against hereundxx xxxinst impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (Thinka Weight Loss Corp)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, Warrant the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Deltagen Inc)

No Impairment. The Company shall not, not by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, Warrant the Warrant Wan-ant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant Wan-ant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Viewlocity Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable Silicon Valley Bank Warrant to Purchase Stock -------------------------------------------------------------------------------- upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Loan and Security Agreement (Netvantage Inc)

No Impairment. The Company shall not, by amendment of its Amended and Restated Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Section 7 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article Section 7 against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Subscription Agreement (Smart Online Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any corporate action affecting the Shares or its common stock other than as specifically described above that materially and adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Overland Data Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.. EXHIBIT 4.5

Appears in 1 contract

Samples: Warrant Agreement (First Pacific Networks Inc)

No Impairment. The Company shall not, by amendment of its Articles Restated Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Lionbridge Technologies Inc /De/)

No Impairment. The Company shall not, by amendment of its Certificate/Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Spectrum Global Solutions, Inc.)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairmentimpeachment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Selectica Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation charter documents or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect the Holder's ’s rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects the Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Warrant Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (National Storm Management Inc.)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than the Class as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that such action is offset and the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (iSpecimen Inc.)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Stock Purchase Warrant (Tidelands Oil & Gas Corp/Wa)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such to the same extent, if any, as the conversion price and the number of common shares issuable upon conversion of a manner that the aggregate Warrant Price share of this Warrant is unchangedSeries D Preferred Stock are adjusted.

Appears in 1 contract

Samples: Warrant Agreement (Paypal Inc)

No Impairment. The Company Corporation shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the CompanyCorporation, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company Corporation takes any action affecting the Preferred Shares or its common stock shares other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Preferred Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Kanbay International Inc)

No Impairment. The Company shall not, by amendment of its Articles -------------- articles of Incorporation incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect Holder's rights under this Article hereunder against impairment. If the Company takes any action xxx xction affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Seven Charles C)

No Impairment. The Company shall not, by amendment of its Articles articles of Incorporation -------------- incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out all of all the provisions of this Article 2 Warrant and in taking all such action as may be reasonably necessary or appropriate to protect HolderXxxxxx's rights under this Article hereunder against impairment. If the Company takes any action affecting the Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (Invicta Group Inc)

No Impairment. The Company shall not, by amendment of its Articles of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Warrant Shares or its common stock Common Stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Exercise Price shall be adjusted downward and the number of Warrant Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Exercise Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Deed of Release (Scient Inc)

No Impairment. The Company shall not, by amendment of its Articles Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's ’s rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's ’s rights under this Warrant, the Warrant Exercise Price shall be appropriately adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be appropriately adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Usa Technologies Inc)

No Impairment. The Company shall not, by amendment of its Articles -------------- Certificate of Incorporation or through a reorganization, 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 to be observed or performed under this Warrant by the Company, but shall at all times in good faith assist in carrying out of all the provisions of this Article 2 and in taking all such action as may be necessary or appropriate to protect Holder's rights under this Article against impairment. If the Company takes any action affecting the Shares or its common stock other than as described above that adversely affects Holder's rights under this Warrant, the Warrant Price shall be adjusted downward and the number of Shares issuable upon exercise of this Warrant shall be adjusted upward in such a manner that the aggregate Warrant Price of this Warrant is unchanged.

Appears in 1 contract

Samples: Warrant Agreement (Charys Holding Co Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!