No Impairments. The liability of the Guarantor hereunder shall not be affected or impaired by (a) any delay, failure, neglect or omission on the part of the Lender to collect the Guaranteed Obligations from the Borrowers or any other Co-Obligor, or to realize upon any collateral or security for any or all of the Guaranteed Obligations, (b) the taking (or the failure to take) by the Lender of any other guaranty or guaranties to secure the Guaranteed Obligations, (c) the taking by the Lender of (or the failure to take or the failure to perfect its security in) collateral or security of any kind, or (d) the granting by the Lender of any release of or extension of time to the Borrowers or any other Co-Obligor.
No Impairments. Aevi shall not enter into any Contract or arrangement, or take any other action (including amendments, modifications, supplements, waivers, assignments or terminations of Contracts (or provisions thereof)), that is primarily designed to, directly or indirectly, adversely affect the value of the Royalty Payments in any material respect.
No Impairments. The Company shall not, by amendment of its 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 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.
No Impairments. Participant has not by any act or omission created an offset, defense or counterclaim to the PENNVEST Loan, including the obligation of the Mortgagor to pay the unpaid principal of and interest on the PENNVEST Loan.
No Impairments. Nothing in this Agreement is intended or shall be construed to impair, diminish or otherwise adversely affect any other rights the Creditors may have or may obtain against the AYE Borrowers, the AESC Companies or any other Person.
No Impairments. Nothing in this Agreement is intended or shall be construed to impair, diminish or otherwise adversely affect any other rights the Secured Claimholders may have or may obtain against any other Secured Claimholder.
No Impairments. Nothing in this Agreement is intended or shall be construed to impair, diminish or otherwise adversely affect any other rights the Secured Parties may have or may obtain against the Borrowers or any other Related Party.
No Impairments. There is (i) no order, action, suit, demand or claim in writing or legal, administrative, arbitration or other alternative dispute resolution proceeding, hearing, inquiry or investigation before or by any Governmental Authority or arbitrator or official now pending or, to the knowledge of Seller, threatened, to which Seller is or may be a party or to which the business, property or assets of Seller is or may be subject, (ii) no statute, rule, regulation or order that has been enacted, adopted or issued by any Governmental Authority or, to the knowledge of Seller, that has been proposed by any Governmental Authority and (iii) no injunction, restraining order or order of any nature issued by a Governmental Authority of competent jurisdiction to which Seller is or, or to the knowledge of Seller, may be subject, that, in the case of clauses (i), (ii) and (iii) above, is reasonably expected to (A) prevent or result in the suspension of the issuance of the Warrant or Warrant Shares or (B) otherwise affect adversely the ability of Seller to consummate the transactions contemplated by this Agreement and the Other Transaction Documents.
No Impairments. There are no orders, actions, suits, demands or claims in writing or legal, administrative, arbitration or other alternative dispute resolution proceedings, hearings, inquiries or investigations pending against Buyer or, to Buyer’s knowledge, threatened, which are reasonably likely to call into question the validity of this Agreement, any Other Transaction Document, any portion of the Equity Consideration, or any action taken or to be taken pursuant hereto or thereto.
No Impairments. Participant has not by any act or omission created an offset, defense or counterclaim to the Mortgage Loan, including the obligation of the Mortgagor to pay the unpaid principal of and interest on the Mortgage Loan.
