Common use of The Underlying Securities Clause in Contracts

The Underlying Securities. The Underlying Securities have been duly authorized and reserved, and when issued and delivered upon conversion of the Shares or in payment of dividends on the Shares, in the manner contemplated by the Certificate of Designation, will be validly issued, fully paid and non-assessable; and no preemptive or similar rights of stockholders (except for the Guardian Preemptive Right) exist with respect to any of the Underlying Securities.

The Underlying Securities. The Underlying Securities have been duly authorized and reserved, and when issued and delivered upon conversion of the Shares or in payment of dividends on the Shares, in the manner contemplated by the Certificate of Designation, Securities will be validly issued, fully paid and non-assessable; and no preemptive or similar rights of stockholders (except for the Guardian Preemptive Right) exist with respect to any of the Underlying Securities.

The Underlying Securities. The Underlying Securities have been duly authorized and reserved, and when issued and delivered upon conversion of the Shares or in payment of dividends on the Shares, in the manner contemplated by the Certificate of Designation, will be validly issued, fully paid and non-assessable; and no preemptive or similar rights of stockholders (except for the Guardian Preemptive Rightpursuant to Section 7.2 of this Agreement) exist with respect to any of the Underlying Securities.

The Underlying Securities. The Underlying Securities have been duly authorized and reserved, and and, when issued and delivered upon conversion of the Shares or in payment of dividends on the Shares, in the manner contemplated by the Certificate of DesignationSecurities, will be validly issued, fully paid and non-assessable; and no preemptive or similar rights of stockholders (except for the Guardian Preemptive Right) exist with respect to any of the Underlying Securities.

The Underlying Securities. The Underlying Securities have been duly authorized and reservedreserved for issuance upon conversion of the Shares by all necessary corporate action, and when issued and delivered upon conversion of the Shares or in payment of dividends on the Shares, in the manner contemplated by the Certificate of Designation, will be validly issued, fully paid and non-assessable; and no preemptive or other similar rights of stockholders (except for the Guardian Preemptive Right) or contractual encumbrances exist with respect to any of the Underlying Securities.

The Underlying Securities. The Underlying Securities have been duly authorized and reserved, and when issued and delivered upon conversion of the Shares or in payment of dividends on the Shares, in the manner contemplated by the Certificate of Designation, will be validly issued, fully paid and non-assessable; and no preemptive or similar rights of stockholders (except for the Guardian Preemptive Right) exist with respect to any of the Underlying Securities.