No Avoidance of Provisions. No Unitholder shall directly or indirectly (i) permit the Transfer of all or any portion of the direct or indirect equity or beneficial interest in such Unitholder or (ii) otherwise seek to avoid the provisions of this Agreement by issuing, or permitting the issuance of, any direct or indirect equity or beneficial interest in such Unitholder, in any such case in a manner that would fail to comply with this Article IX if such Unitholder had Transferred Units directly, unless such Unitholder first complies with the terms of this Agreement.
No Avoidance of Provisions. No holder of Restricted Shares shall directly or indirectly (i) permit the Transfer of all or any portion of the direct or indirect equity or beneficial interest in such holder or (ii) otherwise seek to avoid the provisions of this Agreement by issuing, or permitting the issuance of, any direct or indirect equity or beneficial interest in such holder, in any such case in a manner which would fail to comply with this Section 3 if such holder had Transferred Restricted Shares directly.
No Avoidance of Provisions. No Partner shall engage in any action that could facilitate the Transfer of all or any portion of the direct or indirect equity or beneficial interest in such Partner by any Person (whether through Transfers or issuances of equity, assignments by operation of law by merger or consolidation of such holder into another entity or dissolution or liquidation of such Partner) with the intent to avoid the provisions of this Agreement.
No Avoidance of Provisions. The Company shall not by any action or inaction (including amending its Governing Documents or through any reorganization, reclassification, transfer of assets, consolidation, merger, dissolution, issue or sale of securities by the Company or any Subsidiary, or any other similar voluntary action) avoid or seek to avoid the observance or performance of any of the terms of this Agreement, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such actions as may be reasonably necessary, appropriate or requested to protect the rights and privileges of the holders of Warrant Securities under this Agreement and under the Warrants against impairment. Without limiting the generality of the foregoing, (i) the Company shall take all such actions as may be necessary or appropriate in order that the Company may validly and legally issue Common Shares upon the exercise of the Warrants and (ii) the Company shall not amend, modify or change its Governing Documents in any manner adverse to the Warrant Securities or any holder thereof, without the approval of the holders of a majority of the Warrant Securities adversely impacted by such amendment, modification or change.
No Avoidance of Provisions. The Company shall not, and shall cause COPL and each of COPL’s other Affiliates not to, by amendment of the Bylaws or the certificate of incorporation of the Company (as amended from time to time, the “Charter” and together with the Bylaws, the “Governing Documents”), or the governing documents of COPL or COPL’s other Affiliates, or through any reorganization, transfer of assets, consolidation, merger, dissolution, operation of law, issue or sale of securities, agreement, or any other action, omission or otherwise, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed by the Company or COPL under this Warrant and the Warrant Agreement or otherwise intentionally reduce the effectiveness or value of this Warrant, but the Company shall, and shall cause COPL and each of COPL’s other Affiliates to, at all times in good faith carry out and assist in the carrying out of all the provisions of this Warrant and the Warrant Agreement and in the taking of all such action as may reasonably be requested by the Registered Holder of this Warrant in order to protect the privileges of such Registered Holder against impairment, consistent with the tenor and purpose of this Warrant and the Warrant Agreement. Without limiting the generality of the foregoing,
No Avoidance of Provisions. No Restricted Person shall directly or indirectly (i) permit the Transfer of all or any portion of the direct or indirect equity or beneficial interest in such Member (whether through Transfers or issuances of its own equity, assignments by operation of law by merger or consolidation of such holder into another entity or dissolution or liquidation of such Member) or (ii) seek to avoid the provisions of this Agreement by issuing, or permitting the issuance of, any direct or indirect equity or beneficial interest in such Member, in any such case in a manner which would fail to comply with this Article X if such Member had Transferred Units or other interest in the Company directly, unless such Member first complies with the terms of this Agreement.
