Consultation Right. From and after the date hereof, (x) subject to applicable Law and to the extent practicable, the Company will consult with Good Energies prior to taking each of the following actions, and (y) each Shareholder shall vote its Shares at any Shareholders Meeting, and shall use its best efforts to take or refrain from taking, subject to applicable Law, all other actions necessary or required such that each of the following actions on the part of the Company or any Subsidiary shall not be taken unless Good Energies has consented in advance: 3.6.1 the entry into any contract, agreement, understanding, whether oral or written (a “Contract”) that would have a value or potential liability to the Company in excess of 5% of the Company’s net assets as of the time such contract is entered into or is otherwise likely to be material to the Company; 3.6.2 the engagement of any business other than photovoltaic business or a change in the nature or scope of the business of the Company or any Subsidiary; 3.6.3 any joint ventures, strategic alliances, partnerships or similar arrangement with any third party; 3.6.4 any recapitalization, merger, asset swap, share sale or transfer of substantially all of the rights to intellectual properties or other assets, or any other extraordinary transaction; 3.6.5 any amendment to the Articles of Association or any other constitutional documents, including without limitation increase and decrease in the capitalization of the Company or any Subsidiary; and 3.6.6 entry into any agreement or understanding to do any of the foregoing.
Appears in 1 contract
Consultation Right. From and after the date hereof, (x) subject to applicable Law and to the extent practicable, the Company will consult with Good Energies prior to taking each of the following actions, and (y) each Shareholder shall vote its Shares at any Shareholders Meeting, and shall use its best efforts to take or refrain from taking, subject to applicable Law, all other actions necessary or required such that each of the following actions on the part of the Company or any Subsidiary shall not be taken unless Good Energies has consented in advance:
3.6.1 the entry into any contract, agreement, understanding, whether oral or written (a “Contract”"CONTRACT") that would have a value or potential liability to the Company in excess of 5% of the Company’s 's net assets as of the time such contract is entered into or is otherwise likely to be material to the Company;
3.6.2 the engagement of any business other than photovoltaic business or a change in the nature or scope of the business of the Company or any Subsidiary;
3.6.3 any joint ventures, strategic alliances, partnerships or similar arrangement with any third party;
3.6.4 any recapitalization, merger, asset swap, share sale or transfer of substantially all of the rights to intellectual properties or other assets, or any other extraordinary transaction;
3.6.5 any amendment to the Articles of Association or any other constitutional documents, including without limitation increase and decrease in the capitalization of the Company or any Subsidiary; and
3.6.6 entry into any agreement or understanding to do any of the foregoing.
Appears in 1 contract
Sources: Second Shareholders Agreement (Solarfun Power Holdings Co., Ltd.)