NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will not, by amendment of its charter, 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 Agreement, and will at all times in good faith carry out all the provisions of this Warrant Agreement.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (BioScrip, Inc.), Warrant Agreement (Coliseum Capital Management, LLC), Warrant Agreement (BioScrip, Inc.)
NONCIRCUMVENTION. The Company Corporation hereby covenants and agrees that the Company Corporation will not, by amendment of its charter, bylaws Certificate of Incorporation 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 AgreementNote, and will at all times in good faith carry out all of the provisions of this Warrant AgreementNote.
Appears in 5 contracts
Samples: Purchase Agreement (Ironman Energy Partners II LP), Purchase Agreement (X-Change Corp), Purchase Agreement (X-Change Corp)
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will not, by amendment of its charterArticles of Incorporation, 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 AgreementNote, and will at all times in good faith carry out all of the provisions of this Warrant AgreementNote.
Appears in 3 contracts
Samples: Adcare Health Systems, Inc, Adcare Health Systems, Inc, Adcare Health Systems, Inc
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will not, by amendment of its charterarticles 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 the observance or performance of any of the terms of this Warrant AgreementNote, and will at all times in good faith carry out all of the provisions of this Warrant Agreement.Note and take all action as may be required to protect the rights of the Holder of this Note
Appears in 2 contracts
Samples: Li3 Energy, Inc., MYOS Corp
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will shall not, by amendment of its charterCertificate of Incorporation, bylaws Bylaws 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 this Warrant AgreementNote, and will at all times in good faith carry out all of the provisions of this Warrant AgreementNote and take all action as may be required to protect the rights of Investor.
Appears in 2 contracts
Samples: Better Choice Co Inc., Better Choice Co Inc.
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will not, by amendment of its chartercertificate 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 the observance or performance of any of the terms of this Warrant AgreementNote, and will at all times in good faith carry out all the provisions of this Warrant AgreementNote.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Amicus Therapeutics Inc), Note and Warrant Purchase Agreement (Amicus Therapeutics Inc)
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will not, by amendment of its chartercertificate 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 the observance or performance of any of the terms of this Warrant AgreementWarrant, and will at all times in good faith carry out all the provisions of this Warrant Agreementand take all action as may be required to protect the rights of the Holder.
Appears in 2 contracts
Samples: Investment Agreement (Handy & Harman Ltd.), Investment Agreement (ModusLink Global Solutions Inc)
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will not, by amendment of its charter, 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 AgreementWarrant, and will at all times in good faith carry out comply with all the provisions of this Warrant AgreementWarrant.
Appears in 2 contracts
Samples: S Warrant Agreement (SONDORS Inc.), S Warrant Agreement (SONDORS Inc.)
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company it will not, by amendment of its charterconstitution, 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 Warrant Agreementapplicable to CVRs hereunder, and will at all times in good faith carry out all of the provisions of this Warrant Agreement.
Appears in 1 contract
Samples: Contingent Value Right Agreement (Mallinckrodt PLC)
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company and its subsidiaries will not, by amendment of its charterCertificate of Incorporation, 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 AgreementDebenture, and will at all times in good faith carry out all of the provisions of this Warrant AgreementDebenture and take all action as may be required to protect the rights of the Holder of this Debenture.
Appears in 1 contract
NONCIRCUMVENTION. The Company hereby covenants and agrees that neither the Company will notnor the Guarantor will, by amendment of its chartercertificate or articles of incorporation, bylaws or other governing document 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 AgreementNote, and that it will at all times in good faith carry out all of the provisions of this Warrant AgreementNote.
Appears in 1 contract
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will not, by amendment of its chartercertificate 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 the observance or performance of any of the terms of this Warrant AgreementNote, and will at all times in good faith carry out all of the provisions of this Warrant Agreement.Note and take all action as may be required to protect the rights of the Holder of this Note
Appears in 1 contract
Samples: INNOVATION ECONOMY Corp
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will not, by amendment of its charterCertificate of Incorporation, 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 AgreementWarrant, and will at all times in good faith carry out all the provisions of this Warrant Agreementand not take any actions that would impair TSRI’s rights under this Warrant.
Appears in 1 contract
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will shall not, by amendment of its charter, bylaws Certificate of Incorporation or By-Laws 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 Agreement, and will at all times in good faith carry out all the provisions of this Warrant AgreementTransaction Documents or the Securities.
Appears in 1 contract
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company it will not, by amendment of its charterconstitution, 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 Warrant Agreementapplicable to Warrants hereunder, and will at all times in good faith carry out all of the provisions of this Warrant Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Mallinckrodt PLC)
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will shall not, by amendment of its charter, bylaws Certificate of Incorporation or By-Laws 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 Agreement, and will at all times in good faith carry out all the provisions of this Warrant AgreementTransaction Documents or the Convertible Preferred Shares.
Appears in 1 contract
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will shall not, by amendment of its chartercertificate of incorporation or bylaws, bylaws or through any reorganizationCorporate Transaction, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue by any issuance or sale of securities, or by any other voluntary actionaction or omission, avoid or seek to avoid the observance or performance of any of the terms of this Warrant AgreementWarrant, and will at all times in good faith carry out all of the provisions of this Warrant Agreementand take all action as may be required to protect and preserve the rights of Holder of this Warrant hereunder.
Appears in 1 contract
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will not, by amendment of its charterCertificate 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 the observance or performance of any of the terms of this Warrant AgreementCertificate of Designation, and will at all times in good faith carry out all of the provisions of this Warrant AgreementCertificate of Designation and take all action as may be required to protect the rights of the Holders.
Appears in 1 contract
Samples: Securities Purchase Agreement (MGT Capital Investments, Inc.)
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company it will not, by amendment of its charter, bylaws to charter documents or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue of securities 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 Agreement, and will at all times transactions contemplated in good faith carry out all the provisions of this Warrant AgreementNote Documents.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Kingold Jewelry, Inc.)
NONCIRCUMVENTION. The Company hereby covenants and agrees that the Company will not, by amendment of its charterCertificate 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 the observance or performance of any of the terms of this Warrant AgreementCertificate of Designation, and will at all times in good faith carry out all the provisions of this Warrant AgreementCertificate of Designation and take all action as may be required to protect the rights of the Holders.
Appears in 1 contract
Samples: Merger Agreement and Plan of Reorganization (Tiger Media, Inc.)