No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 68 contracts
Samples: Note and Warrant Purchase Agreement (Senseonics Holdings, Inc.), Tricida, Inc., Adaptive Insights Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate Articles of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 43 contracts
Samples: Warrant Agreement (Blow & Drive Interlock Corp), Genius Brands International, Inc., SOBR Safe, Inc.
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company Corporation will not, by amendment of its Certificate Articles of 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 to be observed or performed hereunder by the CompanyCorporation, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 31 contracts
Samples: Purchase Agreement (AeroGrow International, Inc.), Surge Global Energy, Inc., Surge Global Energy, Inc.
No Impairment. Except and to the extent as waived or consented to by the HolderHolder or otherwise in accordance with Section 11 hereof, the Company will not, by amendment of its Certificate of Incorporation (as such may be amended from time to time), or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary actionmeans, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 20 contracts
Samples: Securities Purchase Agreement (Tracon Pharmaceuticals, Inc.), Securities Purchase Agreement (Tracon Pharmaceuticals, Inc.), Securities Purchase Agreement (Yuma Regional Medical Center)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate certificate of Incorporation 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 18 contracts
Samples: Note and Warrant Purchase Agreement, Convertible Note Purchase Agreement, Quanterix Corp
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 16 contracts
Samples: Warrant Agreement (CrowdGather, Inc.), Warrant Agreement (Jayhawk Energy, Inc.), Warrant Agreement (Jayhawk Energy, Inc.)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company Corporation will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the CompanyCorporation, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 15 contracts
Samples: Warrant Purchase Agreement (Provide Commerce Inc), ARCA Biopharma, Inc., ARCA Biopharma, Inc.
No Impairment. Except and to the extent as waived or consented to by the HolderHolder or otherwise in accordance with Section 2 hereof, the Company will not, by amendment of its Certificate of Incorporation (as such may be amended from time to time), or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary actionmeans, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 13 contracts
Samples: Registration Rights Agreement (Ondas Holdings Inc.), Adoption Agreement (Ondas Holdings Inc.), Ondas Holdings Inc.
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will notshall not by any action, by amendment including, without limitation, amending its certificate of its Certificate of Incorporation 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 to be observed or performed hereunder by the Companyof this Warrant, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant such terms and in the taking of all such action actions as may be necessary or appropriate in order to protect the exercise rights of the Holder as set forth in this Warrant against impairment.
Appears in 11 contracts
Samples: Common Stock Purchase Warrant (NantKwest, Inc.), Interleukin Genetics Inc, Subscription and Escrow Agreement (Diversified Opportunities, Inc.)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 11 contracts
Samples: Essetifin SPA, Regenerx Biopharmaceuticals Inc, Regenerx Biopharmaceuticals Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate Amended and Restated Articles of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 10 contracts
Samples: Biocept Inc, Biocept Inc, Biocept Inc
No Impairment. Except and to the extent as waived or consented to by the HolderHolder or as otherwise permitted under the terms hereof, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 10 contracts
Samples: Purchase Agreement, Atrinsic, Inc., BeneChill, Inc.
No Impairment. Except and to the extent as waived or consented to in writing by the Holder, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairmentimpairment consistent with the intent and principles expressed in Section 5.9 below.
Appears in 10 contracts
Samples: Stock Registration Rights Agreement (World Airways Inc /De/), Stock Registration Rights Agreement (World Airways Inc /De/), Stock Registration Rights Agreement (World Airways Inc /De/)
No Impairment. Except and to the extent as waived or consented to by the HolderHolder or as otherwise permitted under the terms hereof, the Company will not, by amendment of its Certificate of Incorporation or similar corporate 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant Debenture and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 8 contracts
Samples: Genmed Holding Corp, Genmed Holding Corp, Skins Inc.
No Impairment. Except and to the extent as waived or consented to by the HolderHolder or otherwise in accordance with Section 12 hereof, the Company will not, by amendment of its Certificate of Incorporation (as such may be amended from time to time), or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary actionmeans, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 7 contracts
Samples: Securities Purchase Agreement, Akso Health Group, Phoenix Motor Inc.
No Impairment. Except as and to the extent as waived or consented to by the Holder, the Company Corporation will not, by amendment of its Certificate Articles of 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 to be observed or performed hereunder by the CompanyCorporation, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 5 contracts
Samples: Axesstel Inc, Axesstel Inc, Axesstel Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, or as otherwise permitted under the terms hereof the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 5 contracts
Samples: TELA Bio, Inc., TELA Bio, Inc., Jamba, Inc.
No Impairment. Except and to the extent as waived or consented to by the HolderHolder or otherwise in accordance with Section 10 hereof, the Company will not, by amendment of its Certificate of Incorporation (as such may be amended from time to time), or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary actionmeans, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, Inc), Securities Purchase Agreement (Memory Pharmaceuticals Corp)
No Impairment. Except and to the extent as waived or consented to by the HolderHolder or as otherwise permitted under the terms hereof, the Company will not, by amendment of its Certificate of Incorporation governing instruments or through any reorganization, transfer of assets, consolidation, merger, 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 4 contracts
Samples: Co Venture Agreement (VirTra, Inc), Operating Agreement (VirTra, Inc), Operating Agreement (Nuvola, Inc.)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Amended and Restated Certificate of Incorporation Incorporation, as amended, 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 4 contracts
Samples: Idm Pharma, Inc., First Virtual Communications Inc, Epimmune Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of Incorporation organizational 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 3 contracts
Samples: Warrant (Geospatial Holdings, Inc.), Warrant (Geospatial Holdings, Inc.), Warrant (Geospatial Holdings, Inc.)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of Incorporation 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 3 contracts
Samples: Paratek Pharmaceuticals, Inc., Paratek Pharmaceuticals, Inc., Paratek Pharmaceuticals, Inc.
No Impairment. Except and to the extent as waived or consented to by the HolderHolder in accordance with Section 11 hereof, the Company will not, by amendment of its Certificate of Incorporation (as such may be amended from time to time), or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary actionmeans, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying carry out of all the provisions of this Warrant and in the taking of take all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against such impairment.
Appears in 3 contracts
Samples: Symphony Capital Partners LP, Alexza Pharmaceuticals Inc., Ciprico Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of Incorporation articles or 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant Note and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 3 contracts
Samples: Share Purchase Agreement (Till Capital Ltd.), Share Purchase Agreement (Till Capital Ltd.), Share Purchase Agreement (Till Capital Ltd.)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its the Restated Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (HTG Molecular Diagnostics, Inc), HTG Molecular Diagnostics, Inc, HTG Molecular Diagnostics, Inc
No Impairment. Except as and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Sbe Inc), Sbe Inc, Sbe Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all of the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 3 contracts
Samples: Warrant Purchase Agreement (Viveve Medical, Inc.), Warrant Purchase Agreement (Viveve Medical, Inc.), Warrant Purchase Agreement (Viveve Medical, Inc.)
No Impairment. Except and to the extent as waived or consented to by the Holdereach holder of Warrants, the Company will not, by amendment of its Certificate certificate of Incorporation 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 3 contracts
Samples: Underwriting Agreement (Polymedix, Inc), Underwriting Agreement (Polymedix, Inc), Polymedix Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 2 contracts
Samples: Placement Agreement (Force10 Networks Inc), Series B Agreement (Force10 Networks Inc)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of Incorporation governing documents or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities to shareholders of the Company generally or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 2 contracts
Samples: Of Somita Funding Agreement, Contribution Agreement (Royal Gold Inc)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of Incorporation Incorporation, as amended, 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 2 contracts
Samples: Monster Digital, Inc., License Agreement (Devax Inc)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against such impairment.
Appears in 2 contracts
Samples: Escrow Agreement (Columbia Laboratories Inc), Columbia Laboratories Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Second Amended and Restated Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 2 contracts
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of Incorporation the 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant Note and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 2 contracts
Samples: Subscription Agreement, Note Subscription Agreement (Ellipse Technologies Inc)
No Impairment. Except and to the extent as waived or consented to by the HolderHolder in accordance with Section 11 below, the Company will not, by amendment of its Certificate of Incorporation Articles 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 2 contracts
Samples: Cardionet Inc, Cardionet Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate certificate of Incorporation 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 2 contracts
Samples: Exercise Agreement (Korn Ferry International), Exercise Agreement (Bearingpoint Inc)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will shall not, by amendment of its Certificate certificate of Incorporation incorporation or 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 to be observed or performed hereunder by the Company, but will shall at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Rekor Systems, Inc.), Novume Solutions, Inc.
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company Corporation will not, by amendment of its Certificate Articles of 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 to be observed or performed hereunder by the CompanyCorporation, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.. 3.3
Appears in 1 contract
Samples: ReoStar Energy CORP
No Impairment. Except βand to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate Articles of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Confidential Settlement Agreement and General Release (Oculus Innovative Sciences, Inc.)
No Impairment. Except and to the extent as waived or consented to by the Holder, the The Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Mid: 010056\000010\583382.1 Exhibit I Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant Exhibit I and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder Holders against impairmentimpairment to the extent required hereunder.
Appears in 1 contract
Samples: Universal Guaranty Life Insurance CO
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of Incorporation Formation or Operating 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Alliance Pharmaceutical Corp
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate articles of Incorporation 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Premier Alliance Group, Inc.
No Impairment. Except and to the extent as waived or consented to by the HolderHolder in writing, the Company will not, by amendment of its Certificate certificate of Incorporation incorporation or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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 to be observed or performed hereunder by the Companyhereunder, but and will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action commercially reasonable actions as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Securities Purchase Agreement (Lithium Technology Corp)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate certificate of Incorporation 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder hereunder against impairment.
Appears in 1 contract
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate Restated Articles of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: ARYx Therapeutics, Inc.
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company Corporation will not, by amendment of its Certificate Articles of 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 to be observed or performed hereunder by the CompanyCorporation, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action .action, as may be necessary or appropriate in order to protect "the exercise rights of the Holder against impairment.
Appears in 1 contract
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.. 3.3
Appears in 1 contract
Samples: Chordiant Software Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate articles of Incorporation 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 items to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this his Warrant and in the taking of all such action actions as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: American Spectrum Realty Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate Articles of 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 to be observed or performed hereunder hereunder-by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Confidential Settlement Agreement and General Release (Oculus Innovative Sciences, Inc.)
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company Corporation will not, by amendment of its Certificate of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, 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 to be observed or performed hereunder by the CompanyCorporation, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Requisite Technology Inc /Co
No Impairment. Except and to the extent as waived or consented to ------------- by the Holder, the Company Corporation will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the CompanyCorporation, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: American Technology Corp /De/
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company Corporation will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the CompanyCorporation, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Provide Commerce Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, or as otherwise permitted under the terms hereof, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times times, in good faith assist in the carrying out of all the provisions of this Warrant Option and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Bioxytran, Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, directly or indirectly avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: CombiMatrix Corp
No Impairment. Except and to the extent as waived or consented to by the HolderHolder in writing, the Company will not, by amendment of its Certificate of Incorporation organizational documents or through any consolidation, merger, reorganization, transfer of assets, consolidation, merger, 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 to be observed or performed hereunder by the Companyhereunder, but and will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action commercially reasonable actions as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
No Impairment. Except and to the extent as waived or consented to by the HolderHolder or as required by law or by an order of a court, the Company will not, by amendment of its Certificate of Incorporation or Bylaws or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities capital stock or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate Articles of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant Note and in the taking of all such action as may be necessary or appropriate in order to protect the exercise conversion rights of the Holder against impairment.
Appears in 1 contract
Samples: Source Energy Corp /Ut/
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Certificate of Incorporation governing documents or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities to shareholders of the Company generally or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.. (c)
Appears in 1 contract
Samples: Contribution Agreement
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Restated Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Devax Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company Corporation will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the CompanyCorporation, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Websense Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company Corporation will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the CompanyCorporation, but will at all times in good faith assist in the carrying currying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Planetout Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, or as otherwise permitted under the terms hereof, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Genome Therapeutics Corp
No Impairment. Except and to the extent as waived or consented to by the Holder, the Company will not, by amendment of its Seventh Restated Certificate of 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 to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Syncardia Systems Inc
No Impairment. Except and to the extent as waived or consented to by the Holder, or as otherwise permitted under the terms hereof, the Company will not, by amendment of its Certificate of 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 to be observed or performed hereunder by the Company, but will at all times times, in good faith assist in the carrying out of all the provisions of this Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holder against impairment.
Appears in 1 contract
Samples: Oxygen Therapy, Inc.