Common use of Other Impairment Clause in Contracts

Other Impairment. The Company will not, by amendment of its Certificate of Incorporation or Bylaws or through any 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 of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and conditions and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder against impairment.

Appears in 8 contracts

Samples: Warrant Agreement (Clearside Biomedical, Inc.), Warrant Agreement (Clearside Biomedical, Inc.), Distribution Agreement (Accentia Biopharmaceuticals Inc)

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Other Impairment. The Company will not, by amendment of its Certificate of Incorporation or Bylaws or through any 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 of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and conditions and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder Holder against impairment.

Appears in 4 contracts

Samples: Warrant Agreement (GlucoTrack, Inc.), Warrant Agreement (Synergy CHC Corp.), Warrant Agreement (Cleveland Biolabs Inc)

Other Impairment. The Company will not, by amendment of its Certificate articles of Incorporation incorporation or Bylaws bylaws or through any 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 of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and conditions and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder Holder against impairment.

Appears in 3 contracts

Samples: Note and Warrant Purchase Agreement (Vaccinogen Inc), Common Stock Purchase Warrant (Vaccinogen Inc), Common Stock Purchase Warrant (Vaccinogen Inc)

Other Impairment. The Company will not, by amendment of its Certificate of Incorporation Charter or Bylaws Bylaws, as each may be amended and restated from time to time, or through any 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 of this WarrantSection 2, but will at all times in good faith assist in the carrying out of all such terms and conditions and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder Holder against impairment.

Appears in 3 contracts

Samples: Warrant Agreement (Applied Therapeutics Inc.), Warrant Agreement (Applied Therapeutics Inc.), Warrant Agreement (Applied Therapeutics Inc.)

Other Impairment. The Company will not, by amendment of its ---------------- Certificate of Incorporation or Bylaws or through any 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 of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and conditions and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder against impairment.

Appears in 2 contracts

Samples: Warrant Agreement (Total Sports Inc), Warrant Agreement (Total Sports Inc)

Other Impairment. The Company will not, by amendment of its Certificate of Incorporation or Bylaws Bylaws, as amended or corrected, or through any 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 of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and conditions and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder against impairment.

Appears in 1 contract

Samples: Warrant Agreement (PhaseBio Pharmaceuticals Inc)

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Other Impairment. The Company will shall not, by amendment of its Certificate of Incorporation or Bylaws the LLC Agreement, or through any 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 of this WarrantNote, but will shall at all times in good faith assist in the carrying out of all such terms and conditions and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder of this Note against impairment.

Appears in 1 contract

Samples: Unsecured Convertible Promissory Note (Cempra Holdings, LLC)

Other Impairment. The Company will shall not, by amendment of its Certificate Articles of Incorporation or Bylaws or through any 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 of this Warrant, but will shall at all times in good faith assist in the carrying out of all such terms and conditions and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder against impairment.

Appears in 1 contract

Samples: Warrant Agreement (GeoVax Labs, Inc.)

Other Impairment. The Company will shall not, by amendment of its Certificate of Incorporation or Bylaws or through any 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 of this Warrant, but will shall at all times in good faith assist in the carrying out of all such terms and conditions and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder of this Warrant against impairment.

Appears in 1 contract

Samples: Preferred Unit Purchase Warrant (Cempra Holdings, LLC)

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