Use of Terms. The parties agree and acknowledge that when, in this Agreement, the Company is required to use its reasonable best efforts to perform any covenant under this Agreement, such requirement shall not obligate the Company, in the reasonable judgment of the disinterested members of its Board of Directors, to perform any act that will have a material adverse effect on the Company.
Appears in 29 contracts
Samples: Form of Registration Rights Agreement (Caladrius Biosciences, Inc.), Securities Purchase Agreement, Securities Purchase Agreement (Aimmune Therapeutics, Inc.)
Use of Terms. The parties agree and acknowledge that when, in this Agreement, the Company is required to use its reasonable best efforts to perform any covenant under this Agreement, such requirement shall not obligate the Company, in the reasonable judgment of the disinterested members of its Board of DirectorsBoard, to perform any act that will have a material adverse effect on the Company.
Appears in 3 contracts
Samples: Stockholders’ Agreement (ViewRay, Inc.), Stockholders’ Agreement (ViewRay, Inc.), Stockholders’ Agreement (Orbimed Advisors LLC)
Use of Terms. The parties agree and acknowledge that when, in this Agreement, the Company is required to use its reasonable best efforts to perform any covenant under this Agreement, such requirement shall not obligate the Company, in the reasonable judgment of the disinterested members of its Board of Directors, to perform any act that will have a material adverse effect on the Company.
Appears in 2 contracts
Samples: Registration Rights Agreement (Corcept Therapeutics Inc), Registration Rights Agreement (Ap Pharma Inc /De/)
Use of Terms. The parties agree and acknowledge that when, in this Agreement, the Company is required to use its commercially reasonable best efforts to perform any covenant under this Agreement, such requirement shall not obligate the Company, in the reasonable judgment of the disinterested members of its Board of Directors, to perform any act that will have a material adverse effect on the Company.
Appears in 2 contracts
Samples: Registration Rights Agreement (World Surveillance Group Inc.), Registration Rights Agreement (World Surveillance Group Inc.)
Use of Terms. The parties agree and acknowledge that when, in this Agreement, the Company is required to use its reasonable best efforts to perform any covenant under this Agreement, such requirement shall not obligate the Company, in the reasonable judgment of the disinterested members of its Board of Directors, to perform any act that will have a material adverse effect Material Adverse Effect on the Company.
Appears in 2 contracts
Samples: Registration Rights Agreement (Precision Biosciences Inc), Registration Rights Agreement (Precision Biosciences Inc)
