Common use of Provisions Nonexclusive Clause in Contracts

Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Articles of Incorporation, agreement, vote of shareholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the Articles of Incorporation, agreement, or vote of the shareholders or disinterested directors is inconsistent with these Bylaws, the provision, agreement, or vote shall take precedence.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cardiogenesis Corp /CA), Agreement and Plan of Merger (Cryolife Inc)

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Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Articles Certificate of Incorporation, agreement, vote of shareholders stockholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the Articles of IncorporationCertificate, agreement, or vote of the shareholders stockholders or disinterested directors is inconsistent with these Bylawsbylaws, the provision, agreement, or vote shall take precedence.

Appears in 2 contracts

Samples: Distribution Agreement (CombiMatrix Corp), Agreement and Plan of Merger (Heuristic Development Group Inc)

Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Articles of Incorporation, agreement, vote of shareholders Shareholders or disinterested directorsDirectors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the Articles of Incorporation, agreement, agreement or vote of the shareholders Shareholders or disinterested directors Directors is inconsistent with these Bylawsthis Article, the provision, agreement, agreement or vote shall take precedence.

Appears in 1 contract

Samples: Limited Liability Company Agreement (JMP Group LLC)

Provisions Nonexclusive. The rights conferred on any person by this Article 8 shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Articles Certificate of Incorporation, agreement, vote of shareholders stockholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding holding, such office. To the extent that any provision of A-12 the Articles Certificate of Incorporation, agreement, or vote of the shareholders stockholders or disinterested directors is inconsistent with these Bylaws, the provision, agreement, or vote shall take precedence.

Appears in 1 contract

Samples: Exchange Agreement (Coram Healthcare Corp)

Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Articles Certificate of Incorporation, agreement, vote of shareholders stockholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the Articles of IncorporationCertificate, agreement, or vote of the shareholders stockholders or disinterested directors is inconsistent with these Bylaws, the provision, agreement, or vote shall take precedence.

Appears in 1 contract

Samples: Employment Agreement (Cheap Tickets Inc)

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Provisions Nonexclusive. The rights conferred on any person by this Article shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Articles of Incorporation, agreement, and a vote of shareholders Shareholders or disinterested directorsDirectors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office. To the extent that any provision of the Articles of Incorporation, agreement, agreement or vote of the shareholders Shareholders or disinterested directors Directors is inconsistent with these Bylawsthis Article, the provision, agreement, agreement or vote shall take precedence.

Appears in 1 contract

Samples: Limited Liability Company Agreement (MDB Capital Holdings, LLC)

Provisions Nonexclusive. The rights conferred on any person by this Article 8 shall not be exclusive of any other rights that such person may have or hereafter acquire under any statute, provision of the Articles Certificate of Incorporation, agreement, vote of shareholders stockholders or disinterested directors, or otherwise, both as to action in an official capacity and as to action in another capacity while holding holding, such office. To the extent that any provision of the Articles Certificate of Incorporation, agreement, or vote of the shareholders stockholders or disinterested directors is inconsistent with these Bylawsbylaws, the provision, agreement, or vote shall take precedence.

Appears in 1 contract

Samples: Exchange Agreement (Coram Healthcare Corp)

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