Common use of No Dilution or Impairment Clause in Contracts

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all action as may be necessary or appropriate in order to protect the rights of the Holder against dilution, or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate Articles of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, 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 the Warrant, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws Bylaws or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder of this Note against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, 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 Warrantto be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all such terms the provisions of this Section 6.1 and in the taking of all such action as may be necessary or appropriate in order to protect the rights purchase privilege of the Holder of this Warrant against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate articles of Incorporation or By-Laws organization or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of this Warrant against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws Bylaws, each as amended to date, or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of this Note against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws bylaws or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of or any of the terms of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all action such actions as may be necessary or appropriate in order to protect the rights of the Holder against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will notshall not take any action (including, without limitation, by amendment of its Certificate of Incorporation or By-Laws this Agreement or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid ) for the purpose of avoiding or seek seeking to avoid the observance or performance of any of the terms of this Warrantto be observed or performed hereunder by the Company, but will shall at all times in good faith assist in the carrying out of all such terms and in the taking of all action actions as may be reasonably necessary or appropriate in order to protect the conversion and other rights of the Holder Preferred Unit Holders set forth in this Agreement against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws Bylaws or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of this Note against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate certificate of Incorporation or By-Laws incorporation or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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 Warrants, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of the Warrants against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws governing documents, the LLC Agreement or through any reorganization, transfer of assets, consolidation, merger, 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 WarrantDebenture, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder of this Debenture against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment ------------------------- of its Certificate of Incorporation or By-Laws charter or through any reorganization, transfer of assets, consolidation, merger, 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 Warrantthe Note, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holders of shares of Common Stock issuable upon conversion of the Note against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate Memorandum and Articles of Incorporation or By-Laws Association or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all action as may be commercially reasonably necessary or appropriate in order to protect the rights of the Holder against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, 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 Warrantthe Warrants, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holders of the Warrants against dilution, or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Amended and Restated Certificate of Incorporation or By-Laws or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of this Warrant against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder against dilution, or other impairmentWarrantholder under this Warrant.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, 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 Warrantto be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all such terms the provisions of this Section 9 and in the taking of all such action as may be necessary or appropriate in order to protect the rights conversion privilege of the Holder of this Note against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate certificate of Incorporation or By-Laws incorporation or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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 Warrantthe Warrants, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate (including through a reduction in the par value of Warrant Shares as necessary) in order to protect the rights of the Holder against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws Bylaws or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all action as may be necessary or appropriate in order to protect the rights of the Holder against dilution, or other impairment.

No Dilution or Impairment. The Company will shall not, by amendment of its Certificate certificate of Incorporation or By-Laws incorporation or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be reasonably necessary or appropriate in order to protect the rights of the Holder of this Warrant against dilution, dilution or other impairment.. Without limiting the generality of the foregoing, the Company

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws charter documents or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder against dilution, or other impairmentHolder.

No Dilution or Impairment. The Company will not, by amendment of its Certificate Articles of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary actionact, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all action such actions as may be necessary or appropriate in order to protect the rights of the Holder of this Warrant against dilution, or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate certificate of Incorporation or By-Laws incorporation or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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 Warranthereof, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be reasonably necessary or appropriate in order to protect the rights of the Holder Holders of this Warrant against dilution, or other impairment.dilution in respect of which the Holders are not fully

No Dilution or Impairment. The Company will not, by amendment ------------------------- of its Certificate certificate of Incorporation incorporation or By-Laws bylaws, or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities securities, sale of assets or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all action such actions as may be necessary or appropriate in order to protect the rights of the Holder holder of the Warrant against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws Operating Agreement or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder against dilution, dilution or other impairment.other

No Dilution or Impairment. The Company will not, by amendment of its Certificate Articles of Incorporation or By-Laws Bylaws or those of the Surviving Corporation through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of this Note against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of ------------------------- its Certificate of Incorporation or By-Laws charter or through any reorganization, transfer of assets, consolidation, merger, 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 Warrantthe Notes, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holders of shares of Common Stock issuable upon conversion of the Notes against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate Articles of Incorporation or By-Laws Bylaws or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder of this Note against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate certificate of Incorporation or By-Laws incorporation or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of this Warrant against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, 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 Warrantto be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all such terms the provisions of this SECTION 6.1 and in the taking of all such action as may be necessary or appropriate in order to protect the rights purchase privilege of the Holder of this Warrant against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws the LLC Agreement or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolutionequity exchange, issue or sale of securities dissolution or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this WarrantSection 9.01, but and will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder of each Common Interest purchased hereunder against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate certificate of Incorporation or By-Laws incorporation or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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 Warrantthe Warrants, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate (including through a reduction in the par value of Warrant Shares as necessary) in order to protect the rights of the Holder of the Warrants against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Restated Certificate of Incorporation or By-Laws or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of this Warrant against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate the Company's Articles of Incorporation or By-Laws Amendment and Restatement, or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may any be necessary or appropriate in order to protect the rights of the Holder holder of this Warrant against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws Bylaws or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other her voluntary action, avoid or seek to avoid the observance — or performance of any of the terms of this WarrantNote, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder of this Note against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws ------------------------- charter or through any reorganization, transfer of assets, consolidation, merger, 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 Warrantthe Note, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holders of shares of Common Stock issuable upon conversion of the Note against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of -------------------------- its Certificate of Incorporation or By-Laws charter or through any reorganization, transfer of assets, consolidation, merger, 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 Warrantthe Notes, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holders of shares of Common Stock issuable upon conversion of the Notes against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate Articles of Incorporation or By-Laws Bylaws or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of this Note against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate certificate of Incorporation or By-Laws incorporation or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of this Warrant against dilution, dilution or other impairment.other

No Dilution or Impairment. The Company will not, by amendment of its Certificate articles of Incorporation or By-Laws organization or through any reorganization, transfer of assets, consolidation, merger, merger~ 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holder of this Warrant against dilution, dilution or other impairment.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder against dilution, dilution or other impairment.. Without limiting the generality of the foregoing, the Company:

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws charter documents or through any reorganization, transfer of assets, consolidation, merger, 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, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder against dilution, or other impairmentof this Note.

No Dilution or Impairment. The Company will not, by amendment of its Certificate of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, 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 Warrantthe Warrants, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holders of the Warrants against dilution, dilution or other impairment.. Without limiting the generality of the foregoing, the

No Dilution or Impairment. The Company will not, by amendment of its Certificate certificate of Incorporation or By-Laws incorporation or through any reorganization, transfer of assets, consolidation, merger, 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 Warrantthe Warrants, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holder holders of the Warrants against dilution, dilution or other impairment.