Common use of Shareholders Agreement to Control Clause in Contracts

Shareholders Agreement to Control. If and to the extent that there are inconsistencies between the provisions of this Agreement and those of the Restated Articles, the terms of this Agreement shall control with respect to each of the shareholders of the Company only. If appropriate, the parties agree to take all actions necessary or advisable, as promptly as practicable after the discovery of such inconsistency, to amend the Restated Articles so as to eliminate such inconsistency to the fullest extent permissible by law. Each Founder shall cause his respective holding company as set forth on Schedule B attached hereto (each, a “Holding Company”), which holds of record the Common Shares, to comply with the provisions of this Agreement applicable to such Holding Company as a holder of Common Shares.

Appears in 3 contracts

Samples: Shareholder Agreement (Xunlei LTD), Shareholder Agreements (Xunlei LTD), Shareholder Agreement (Xunlei LTD)

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Shareholders Agreement to Control. If and to the extent that there are inconsistencies between the provisions of this Agreement and those of the Restated Articles, the terms of this Agreement shall control with respect to each of the shareholders of the Company only. If appropriate, the parties agree to take all actions necessary or advisable, as promptly as practicable after the discovery of such inconsistency, to amend the Restated Articles so as to eliminate such inconsistency to the fullest extent permissible by law. Each Founder shall cause his respective holding company as set forth on Schedule B attached hereto (each, a “Holding Company”), which holds of record the Common SharesShares as set forth opposite such Holding Company’s name set forth on Schedule B attached hereto, to comply with the provisions of this Agreement applicable to such Holding Company as a holder of Common Shares.

Appears in 2 contracts

Samples: Shareholder Agreement, Shareholder Agreement (Xunlei LTD)

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