Common use of Non-Circumvention Clause in Contracts

Non-Circumvention. 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, issue or sale of securities, or any other 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 reasonably required to protect the rights of the Holder.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate articles of incorporation, bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue or sale of securities, or any other 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 reasonably required to protect the rights of the Holder.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate Certificate or Articles of incorporationIncorporation or Bylaws, bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue 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 WarrantNote, and will at all times in good faith carry out all the provisions of this Warrant Note and take all action as may be reasonably required to protect the rights of the Holder.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate articles of incorporationorganization or operating agreement, bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, 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 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 reasonably required to protect the rights of the Holder.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate Certificate or Articles of incorporationIncorporation or Bylaws, bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, 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 of this WarrantNote, and will at all times in good faith carry out all the provisions of this Warrant Note and take all action as may be reasonably required to protect the rights of the Holder.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate of incorporation, bylaws constitution or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, 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 of this WarrantAgreement, and will at all times in good faith carry out all of the provisions provision of this Warrant Agreement and take all action as may be reasonably required to protect the rights of all holders of the HolderShares.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate Certificate of incorporationIncorporation, bylaws Bylaws or through any reorganization, transfer Transfer of assets, consolidation, merger, scheme of arrangement, 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 of this WarrantNote, and will at all times in good faith carry out all of the provisions of this Warrant Note and take all action as may be reasonably required to protect the rights of the HolderHolder of this Note.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate of incorporationAmended and Restated Articles or other organizational documents, bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, 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 of this WarrantAgreement, and will at all times in good faith carry out all the provisions of this Warrant the Transaction Documents and take all action as may be reasonably required to protect the rights of the HolderInvestor.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate Certificate of incorporation, bylaws Incorporation or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue or sale of securities, securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of covenants or agreements to be observed or performed by it under this WarrantAgreement, and but will at all times in good faith carry assist in the carrying out of all such provisions and in the provisions taking of this Warrant and take all such action as may be reasonably required necessary or appropriate in order to protect the rights of the HolderPurchasers against impairment.

Non-Circumvention. The Company hereby covenants and agrees that the Company it will not, by amendment of its certificate of incorporation, bylaws or similar organizational documents, or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, 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 of this Agreement, the Warrant, or the Investment Shares and will at all times in good faith carry out all the provisions of this Warrant Agreement and take all action as may be reasonably required to protect the rights of the HolderInvestor.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate of incorporation, incorporation or bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, 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 of this WarrantNote, and will at all times in good faith carry out all of the provisions of this Warrant Note and take all action as may be reasonably required to protect the rights of the HolderHolder of this Note.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate of incorporation, bylaws constitution or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, 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 of this WarrantAgreement, and will at all times in good faith carry out all of the provisions provision of this Warrant Agreement and take all action as may be reasonably required to protect the rights of all holders of the HolderOffered Securities.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate Certificate of incorporationIncorporation, bylaws Bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, 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 of this WarrantNote, and will at all times in good faith carry out all of the provisions of this Warrant Note and take all action as may be reasonably required to protect the rights of the HolderHolder of this Note.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate articles of incorporation, bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue or sale of securities, or any other action, avoid or seek to avoid the observance or performance of any of the terms of this Backstop Warrant, and will at all times in good faith carry out all the provisions of this Backstop Warrant and take all action as may be reasonably required to protect the rights of the Holder.

Non-Circumvention. The Company hereby covenants and agrees that the Company it will not, by amendment of its certificate of incorporation, bylaws or similar organizational documents, or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, 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 of this WarrantAgreement or the Preferred Shares, and will at all times in good faith carry out all the provisions of this Warrant Agreement and take all action as may be reasonably required to protect the rights of the HolderInvestor.

Non-Circumvention. The Company hereby covenants and agrees that the Company will it shall not, by amendment of its certificate of incorporation, bylaws charter documents or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue or sale of securities, or any other action, avoid or seek to avoid the observance or performance of any of the terms of this WarrantAgreement, and will at all times in good faith carry out all of the provisions of this Warrant Agreement and take all action as may be reasonably required to protect the rights of the HolderBRRE herein.

Non-Circumvention. 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, issue or sale of securities, or any other action, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, Warrant and will at all times in good faith carry out all the provisions of this Warrant and take all action as may be reasonably required to protect the rights of the Holder.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate Certificate of incorporationIncorporation, bylaws Bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, 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 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 reasonably required to protect the rights of the HolderExecutive.

Non-Circumvention. The Company hereby covenants and agrees that the Company it will not, by amendment of its certificate of incorporation, bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue or sale of securities, or any other voluntary action, avoid or seek to avoid or circumvent the observance or performance of any of the terms of this WarrantNote, and will at all times in good faith carry out all of the provisions of this Warrant Note and take all action as may be reasonably required to protect the rights of the HolderHolder of this Note.

Non-Circumvention. The Company hereby covenants and agrees that the Company will not, by amendment of its certificate of incorporation, bylaws governing documents or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue or sale of securities, or any other voluntary action, avoid take any action designed or seek intended to avoid the observance or performance of any of the terms of this Warrant, and will at all times in good faith carry out comply with all the provisions of this Warrant and take all action as may be reasonably required to protect the rights of the HolderWarrant.