Non-avoidance. If any payment by a Transaction Party to a Finance Party is avoided for any reason including any legal limitation, disability or incapacity of or affecting the Transaction Party or any other thing, and whether or not:
Non-avoidance. If any payment by the Grantor to the Secured Party is at any time avoided for any reason including any legal limitation, disability or incapacity of or affecting the Grantor or any other thing, and whether or not:
Non-avoidance. The Company will not, by amendment of its Certificate of Incorporation, Charter or Bylaws or through reorganization, consolidation, merger, sale of assets or otherwise, avoid or seek to avoid the observance or performance of any of the terms of this Warrant. Without limiting the foregoing, the Company (i) will not increase the par value of any shares of capital stock receivable upon the exercise of this Warrant above the amount payable therefor upon such exercise and (ii) 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 capital stock upon the exercise of this Warrant.
Non-avoidance. Parent will not take any action with respect to the Company that would cause the transactions contemplated by this Agreement to constitute part of a transaction that is the same as, or substantially similar to, the “Intermediary Transaction Tax Shelter” described in Internal Revenue Service Notices 2001-16 and 2008-111.
Non-avoidance. The Agency shall not exercise its rights set forth above for the purpose of avoiding the terms of this contract.
Non-avoidance. No Obligor will knowingly do or omit or permit anything to be done which may make void or voidable any Insurance Policy.
Non-avoidance. The obligations of an Owner to contribute towards Common Expenses shall not be avoided by waiver of the right to use the Common Property or by abandonment.
Non-avoidance. If the Purchaser shall enter into any agreement (including a Sublicense) or take any action with respect to Products for the primary purpose of avoiding the payment of the Seller Sublicense Income set forth in Section 3.2, the Purchaser shall nevertheless pay the Seller Sublicense Income as if such amounts were Sublicense Income.
Non-avoidance. None of the Buyer or any Affiliate of Buyer will take any action with respect to the Company that would cause the transactions contemplated by this Agreement to constitute part of a transaction that is the same as, or substantially similar to, the 28 “Intermediary Transaction Tax Shelter” described in Internal Revenue Service Notices 2001-16 and 2008-111.
Non-avoidance. The Order of Priority applies despite:
