Common use of Provisions Nonexclusive Clause in Contracts

Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Certificate of Incorporation, agreement, vote of stockholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the Certificate, agreement, or vote of the stockholders or disinterested directors is inconsistent with these bylaws, the provision, agreement, or vote shall take precedence.

Appears in 3 contracts

Samples: Interim Facilities Agreement, Distribution Agreement (CombiMatrix Corp), Merger Agreement (Heuristic Development Group Inc)

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Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Certificate Articles of Incorporation, agreement, vote of stockholders shareholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the CertificateArticles of Incorporation, agreement, or vote of the stockholders shareholders or disinterested directors is inconsistent with these bylawsBylaws, the provision, agreement, or vote shall take precedence.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cardiogenesis Corp /CA), Agreement and Plan of Merger (Cryolife Inc)

Provisions Nonexclusive. The rights conferred on any person by this Article 8 shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Certificate of Incorporation, agreement, vote of stockholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding holding, such office. To the extent that any provision of the CertificateCertificate of Incorporation, agreement, or vote of the stockholders or disinterested directors is inconsistent with these bylaws, the provision, agreement, or vote shall take precedence.

Appears in 1 contract

Samples: Exchange Agreement (Coram Healthcare Corp)

Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Certificate of Incorporation, agreement, and a vote of stockholders Shareholders or disinterested directorsDirectors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the Certificate, agreement, agreement or vote of the stockholders Shareholders or disinterested directors Directors is inconsistent with these bylawsthis Article, the provision, agreement, agreement or vote shall take precedence.

Appears in 1 contract

Samples: Limited Liability Company Agreement (MDB Capital Holdings, LLC)

Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Certificate of Incorporation, agreement, vote of stockholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the Certificate, agreement, or vote of the stockholders or disinterested directors is inconsistent with these bylawsBylaws, the provision, agreement, or vote shall take precedence.

Appears in 1 contract

Samples: Employment Agreement (Cheap Tickets Inc)

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Provisions Nonexclusive. The rights conferred on any person by this Article 8 shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Certificate of Incorporation, agreement, vote of stockholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding holding, such office. To the extent that any provision of A-12 the CertificateCertificate of Incorporation, agreement, or vote of the stockholders or disinterested directors is inconsistent with these bylawsBylaws, the provision, agreement, or vote shall take precedence.

Appears in 1 contract

Samples: Exchange Agreement (Coram Healthcare Corp)

Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Certificate of Incorporation, agreement, vote of stockholders Shareholders or disinterested directorsDirectors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the Certificate, agreement, agreement or vote of the stockholders Shareholders or disinterested directors Directors is inconsistent with these bylawsthis Article, the provision, agreement, agreement or vote shall take precedence.

Appears in 1 contract

Samples: Limited Liability Company Agreement (JMP Group LLC)

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