No Avoidance. The Company will not, by amendment of its Certificate of Incorporation 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 hereunder by the Company. The Company shall at all times in good faith assist in the carrying out of all the provisions of this Article V and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holders against impairment.
Appears in 2 contracts
Sources: Warrant Agreement (Pw Eagle Inc), Warrant Agreement (Eagle Pacific Industries Inc/Mn)
No Avoidance. The Company will not, by amendment of its Certificate of Incorporation or through any reorganization, recapitalization, 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 hereunder by the Company. The Company shall , but will at all times in good faith assist in the carrying out of all the provisions of this Article V Section 3.2 and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holders against impairmentHolder.
Appears in 2 contracts
Sources: Warrant Agreement (Gateway Industries Inc /De/), Warrant Agreement (Gateway Industries Inc /De/)
No Avoidance. The Company will not, by amendment of its Certificate Articles of Incorporation 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 hereunder by the Company. The Company shall at all times in good faith assist in the carrying out of all the provisions of this Article V and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holders against impairment.
Appears in 1 contract
Sources: Warrant Agreement (Pw Eagle Inc)
No Avoidance. The Company will not, by amendment of its Certificate of Incorporation 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 hereunder by the Company. The Company shall at all times in good faith assist in the carrying out of all the provisions of this Article V Section 7 and in the taking of all such reasonable action as may be necessary or appropriate in order to protect the exercise rights of the Holders Holder against impairment.
Appears in 1 contract
No Avoidance. The Company will shall not, by amendment of its Certificate certificate of Incorporation incorporation or bylaws, or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue issuance or sale of securities 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 hereunder by the Company. The Company it hereunder, but shall at all times in good faith assist in the carrying out of all the provisions of this Article V Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise Holder’s rights of the Holders hereunder against impairment.
Appears in 1 contract