Anti-avoidance. Except as otherwise provided herein, the Parties agree that the Right Holders’ co-sale rights set out in this Clause 2 in respect of any Transfer by any Investor shall not be avoided by the holding of any AIH Shares indirectly through a company or other entity that can itself be sold in order to dispose of an interest in the AIH Shares free of such restrictions. Except as otherwise provided herein, (a) any direct or indirect Transfer of AIH Shares or other equity securities in the Company of an Investor, and (b) any direct or indirect Transfer of shares or other equity securities resulting in a change of Control of any company (or other entity) having Control over that Investor shall be treated as a Transfer of the AIH Shares held by that Investor, and the provisions of this Agreement that apply in respect of the Transfer of AIH Shares shall apply to the AIH Shares subject to such Transfer.
Appears in 3 contracts
Sources: Co Sale Agreement (Ding Wenting), Co Sale Agreement (Hainan Oriental Jiechuang Investment Partnership (Limited Partnership)), Co Sale Agreement (Zhou Pengwu)