Frustration of Purpose. The Company shall not, by amendment of the Company Charter Documents or any of its other organizational or governance documents, 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 to be observed or performed by it hereunder, but shall at all times in good faith assist in the carrying out of all the provisions of this Contingent Payment Right and in the taking of all such action as may reasonably be requested by the Holder in order to protect the exercise rights of the Holder, consistent with the terms of this Contingent Payment Right.
Frustration of Purpose. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate of incorporation, bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issuance 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, and will at all times in good faith carry out all the provisions of this Warrant and take all action as may be required to protect the rights of the Holder. Without limiting the generality of the foregoing, the Company (i) shall not increase the par value of any Common Shares receivable upon the exercise of this Warrant above the Exercise Price then in effect, and (ii) shall take all such actions as may be necessary or appropriate in order that the Company may validly and legally issue fully paid and nonassessable Common Shares upon the exercise of this Warrant.
Frustration of Purpose. The Company 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 to be observed or performed by it hereunder, but shall at all times in good faith cooperate in the carrying out of all the provisions of this Warrant.
Frustration of Purpose. If any word, phrase, clause, sentence, paragraph, section or other part of this Agreement is affected in whole or in part as a result of amendments to the underlying statutory authority for this Agreement, or a final judicial decree for which all appeals have expired or been exhausted, or if the Texas Legislature amends state law in a manner having the effect of limiting or curtailing any right or obligation of the parties under this Agreement, then the parties agree and understand that the purpose of this Agreement may be frustrated. In such case, the parties agree to work in good faith to amend this Agreement so that the purpose of this Agreement may be fully realized, including full purpose annexation if necessary. Owners agree not to protest annexation of the Property in accordance with this Agreement, and further agree not to sponsor or support legislation that would hinder the City's ability to annex any portion of the Property in accordance with the provisions hereof.
Frustration of Purpose. The Company shall not, by amendment of its certificate of incorporation or other organizational document, through any Corporate Transaction or otherwise, intentionally avoid or seek to avoid the observance or performance of any of the terms of this Agreement. Without limiting the generality of the foregoing, the Company (a) will not permit the par value of any shares of Common Stock receivable upon the exercise of any Warrant to exceed the Exercise Price, (b) will not permit the number of shares of Common Stock authorized by the Company’s certificate of incorporation and available for issuance upon the exercise of Warrants to be less than the number of shares of Common Stock that Holders may be entitled to receive upon the exercise of all outstanding Warrants; and (c) will take all such action as may be necessary or appropriate in order that the Company may validly and legally issue fully paid and nonassessable shares of Common Stock upon the exercise by Holders of all outstanding Warrants.
Frustration of Purpose. 23 SECTION SECTION A. B. C. D. 26.
Frustration of Purpose. The City recognizes that Snowcap’s primary purpose of entering into this Lease is to comply with Colorado law requiring augmentation of the Roadside Portal Mine’s out-of- priority depletions to Rapid Creek and the Consent Order which require the storage and subsequent release of augmentation water. Snowcap is diligently prosecuting the approval of its plan to utilize the Reservoir to satisfy the Consent Order and its obligations under Colorado law regarding augmentation of any depletions to Rapid Creek attributable to the Roadside Portals Mine, including obtaining water rights for augmentation water to be stored in the Reservoir and approval for its plan to release of the same as a source of replacement. If despite Xxxxxxx’s diligent efforts, it is unable to obtain necessary governmental or judicial approvals necessary to utilize the Reservoir to satisfy its obligations and purposes of this Lease, including, but not limited to, failing to obtain a decree from the Water Court in and for Water Division 5 for approval of its planned augmentation plan, Snowcap shall have the right to terminate this Lease on 60-days’ notice. Likewise, if any governmental approval that is necessary for Snowcap to carry out its purposes of entering this Lease is revoked or otherwise canceled, despite Snowcap’s best efforts to prevent the cancelation or revocation, Snowcap shall have the right to terminate this Lease on 60-days’ notice. In the event of termination pursuant to this paragraph the City shall be entitled to keep and retain the Rent.
Frustration of Purpose. If the ability of the Manager to conduct the Concession Operations is substantially impaired as a result of conditions which are beyond its reasonable control, including without limitation, damage, destruction, condemnation of all or any portion of the Golf Facilities, acts of god, force majeure events and acts of governmental agencies (excluding enforcement actions arising as a result of non- compliance by Manager), then at Manager's sole discretion, this Agreement may be terminated on thirty
Frustration of Purpose. If despite Xxxxxxx’s diligent efforts, it is unable to obtain necessary governmental approvals necessary to utilize the Reservoir to satisfy its obligations under Colorado law and fulfill its purpose of this Agreement, including, but not limited to, failing to obtain decrees for approval of its augmentation plan or approval of this Agreement or any agreement by the City, Snowcap shall have the right to terminate this Agreement on sixty (60) days’ notice. Likewise, if any governmental approval that is necessary for Snowcap to fulfill its purposes of entering this Agreement is unfavorably revised, revoked or otherwise canceled, despite Snowcap’s best efforts to prevent the unfavorable revision, cancelation or revocation, Snowcap shall have the right to terminate this Agreement on sixty (60) days’ notice.
Frustration of Purpose. Concessionaire and City agree that if Concessionaire is legally or physically unable to occupy the Designated Premises or engage in the Permitted Use as a direct result of any reasonably unanticipated act, event or occurrence beyond the reasonable control of either party, including but not limited to third-party lawsuits, natural disasters, material changes in the physical or chemical composition of Lake Tye, and/or regulatory actions by State or Federal agencies, Concessionaire may terminate this Agreement upon 60 days written notice to the City without recourse or further liability except as expressly provided herein. Provided, that any such termination shall not in any manner relieve Concessionaire’s obligation regarding removal of the Facilities as set forth in this Agreement, or relieve Concessionaire’s obligations pursuant to Article
