Common use of Agreements and Acknowledgments of Counterparty Regarding Shares Clause in Contracts

Agreements and Acknowledgments of Counterparty Regarding Shares. (i) Counterparty agrees and acknowledges that, in respect of any Shares delivered to Bank hereunder, such Shares shall be, upon such delivery, duly and validly authorized, issued and outstanding, fully paid and nonassessable, free of any lien, charge, claim, any preemptive or similar rights or other encumbrance and shall, upon such issuance, be accepted for listing or quotation on the Exchange;

Agreements and Acknowledgments of Counterparty Regarding Shares. (i) Counterparty agrees and acknowledges that, in respect of any Shares delivered to Bank hereunder, such Shares shall be, upon such delivery, duly and validly authorized, issued and outstanding, fully paid and nonassessable, free of any lien, charge, claim, any preemptive or similar rights or other encumbrance and shall, upon such issuance, be accepted for listing or quotation on each of the ExchangeExchange and the NASDAQ Global Select Market;