Supremacy of this Agreement. 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 prevail as between the parties hereto only, who hereby undertake 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 largest extent as permitted by the applicable law.
Appears in 3 contracts
Samples: Shares Purchase Agreement (China Nuokang Bio-Pharmaceutical Inc.), Investors’ Rights Agreement (China Nuokang Bio-Pharmaceutical Inc.), Voting Agreement (China Nuokang Bio-Pharmaceutical Inc.)
Supremacy of this Agreement. If and to the extent that there are inconsistencies between the provisions of this Agreement and those of the Restated ArticlesAmended Memorandum, as amended, the terms of this Agreement shall prevail as between the parties hereto onlyonly (with the exception of the Company), who hereby undertake to take all actions necessary or advisable, as promptly as practicable after the discovery of such inconsistency, to further amend the Restated Articles Amended Memorandum so as to eliminate such inconsistency to the largest extent as permitted by the applicable law.
Appears in 2 contracts
Samples: Voting Agreement, Voting Agreement (Tudou Holdings LTD)
Supremacy of this Agreement. If and to the extent that there are inconsistencies between the provisions of this Agreement and those of the Restated Articles, as amended, the terms of this Agreement shall prevail as between the parties hereto onlyonly (with the exception of the Company), who hereby undertake to take all actions necessary or advisable, as promptly as practicable after the discovery of such inconsistency, to further amend the Restated Articles so as to eliminate such inconsistency to the largest extent as permitted by the applicable law.
Appears in 1 contract
Samples: Sale Agreement (Tudou Holdings LTD)
Supremacy of this Agreement. If and to the extent that there are inconsistencies between the provisions of this Agreement and those of the Restated Memorandum and the Articles, as amended, the terms of this Agreement shall prevail as between the parties hereto onlyonly (with the exception of the Company), who hereby undertake to take all actions necessary or advisable, as promptly as practicable after the discovery of such inconsistency, to further amend the Restated Memorandum and the Articles so as to eliminate such inconsistency to the largest extent as permitted by the applicable law.
Appears in 1 contract
