Use of Best Efforts. Where this Agreement requires the “best efforts” of the Company, it is understood and agreed that the Company shall not be required by its obligation to undertake “best efforts” to incur any extraordinary expense or undertake or engage in any litigation.
Appears in 2 contracts
Samples: Investor Rights Agreement (Evolving Systems Inc), Investor Rights Agreement (Evolving Systems Inc)
Use of Best Efforts. Where this Agreement requires the “best efforts” of the Company, it is understood and agreed that the Company shall not be required by its obligation to undertake “best efforts” to incur any extraordinary and material expense or undertake or engage in any litigation.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mti Technology Corp), Investor Rights Agreement (Mti Technology Corp)
Use of Best Efforts. Where this Agreement requires the “"best efforts” " of the Company, it is understood and agreed that the Company shall not be required by its obligation to undertake “"best efforts” " to incur any extraordinary and material expense or undertake or engage in any litigation.
Appears in 1 contract