Authorization of Debentures. The Debentures have been duly authorized by the Company, and when executed, authenticated, issued and delivered in the manner provided for in the Indenture and sold and paid for as provided in this Agreement, the Debentures will constitute valid and binding obligations of the Company entitled to the benefits of the Indenture and enforceable against the Company in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Authorization of Debentures. The Junior Subordinated Debentures have been duly authorized by the Company; at the Closing Time, the Junior Subordinated Debentures will have been duly executed by the Company and, when authenticated in the manner provided for in the Indenture and delivered by the Company to the Trust against payment therefor as described in the Prospectus, will constitute valid and binding obligations of the Company, enforceable against the Company in accordance with their terms, except to the extent that enforceability may be limited by the Enforceability Exceptions; and the Junior Subordinated Debentures will be in the form contemplated by, and entitled to the benefits of, the Indenture and will conform in all material respects to the descriptions thereof in the Prospectus.
Authorization of Debentures. The issuance of the Debentures by BlackBerry to the Purchasers in accordance with the terms of this Agreement has been authorized by all necessary action of BlackBerry, and upon payment therefor in accordance with this Agreement, the Debentures will be validly issued and outstanding.
Authorization of Debentures. Section 1 is hereby deleted in its entirety and the following is substituted therefor: "The Company will authorize the issue and sale of:
(a) $250,000 Series A Floating Rate Subordinated Convertible Debentures (the "Series A Debenture"), such term to include each Series A Debenture delivered from time to time in accordance with this Agreement);
(b) $250,000 Series B Floating Rate Subordinated Convertible Debentures (the "Series B Debenture"), such term to include each Series B Debenture delivered from time to time in accordance with this Agreement);
(c) $250,000 Series C Floating Rate Subordinated Convertible Debentures (the "Series C Debenture"), such term to include each Series C Debenture delivered from time to time in accordance with this Agreement);
(d) $250,000 Series D Floating Rate Subordinated Convertible Debentures (the "Series D Debenture"), such term to include each Series D Debenture delivered from time to time in accordance with this Agreement);
(e) $250,000 Series E Floating Rate Subordinated Convertible Debentures (the "Series E Debenture"), such term to include each Series E Debenture delivered from time to time in accordance with this Agreement);
(f) $250,000 Series F Floating Rate Subordinated Convertible Debentures (the "Series F Debenture"), such term to include each Series F Debenture delivered from time to time in accordance with this Agreement);
(g) $310,000 Series G Floating Rate Subordinated Convertible Debentures (the "Series G Debenture"), such term to include each Series G Debenture delivered from time to time in accordance with this Agreement);
(h) $200,000 Series H Floating Rate Subordinated Convertible Debentures (the "Series H Debenture"), such term to include each Series H Debenture delivered from time to time in accordance with this Agreement);
(i) $200,000 Series I Floating Rate Subordinated Convertible Debentures (the "Series I Debenture"), such term to include each Series I Debenture delivered from time to time in accordance with this Agreement);
(j) $50,000 Series J Floating Rate Subordinated Convertible Debentures (the "Series J Debenture"), such term to include each Series J Debenture delivered from time to time in accordance with this Agreement);
(k) $50,000 Series K Floating Rate Subordinated Convertible Debentures (the "Series K Debenture"), such term to include each Series K Debenture delivered from time to time in accordance with this Agreement);
(l) $100,000 Series L Floating Rate Subordinated Convertible Debe...
Authorization of Debentures. The Company has authorized the issue and sale of its 8% Senior Subordinated Convertible Debentures due June 30, 2003 (the "Debenture," such term includes any debentures which may be issued in exchange or in replacement thereof) in the aggregate principal amount of not more than U.S. $500,000.
Authorization of Debentures. 2.1 The Corporation has authorized the issuance and sale of $70,500,000 aggregate principal amount of its 8.70% subordinated convertible debentures due 2009 (the "Debentures", such term to include any such debentures issued in substitution therefor pursuant to this Agreement or the Debenture Certificate). The Debentures shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by the Purchaser and the Corporation.
Authorization of Debentures. The Debentures to be deposited in the Trust as trust assets in connection with the Exchange Offer have been duly authorized by the Company, and when executed, authenticated and issued in the manner provided for in the Indenture and delivered, sold and paid for pursuant to the terms of the Exchange Offer and as provided in this Agreement, the Debentures will constitute valid and binding obligations of the Company entitled to the benefits of the Indenture and enforceable against the Company in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Authorization of Debentures. The Company has authorized the issue and sale of $100,000,000 aggregate principal amount of its 5% Convertible Subordinated Debentures due 2010 (the "DEBENTURES"), such term to include any such Debentures issued in substitution therefor pursuant to the terms of the Indenture. The Debentures shall be issued pursuant to an Indenture substantially in the form set out in Exhibit 1. Certain capitalized terms used in this Agreement are defined in Schedule A; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.
Authorization of Debentures. The issuance, sale and delivery of the Debentures are within the Company's corporate powers and have been duly authorized by all requisite corporate action of the Company, and when issued, sold and delivered in accordance with the provisions of this Agreement, the Debentures will constitute the valid and binding obligations of the Company, enforceable in accordance with their terms.
Authorization of Debentures. The Debentures have been duly authorized by the Company, and, on the Closing Date, when duly executed by the Company and, when authenticated in the manner provided for in the Indenture and delivered by the Company to the Trust against payment therefor as contemplated in the subscription agreement therefor, will constitute valid, legal and binding obligations of the Company, enforceable against the Company in accordance with their terms, except to the extent that enforceability may be limited by the Enforceability Exceptions; the Debentures will be in the form contemplated by, and entitled to the benefits of, the Indenture; the Debentures constitute indebtedness of the Company for United States federal income tax purposes and the Company has no present intention to exercise its option to defer payments of interest on the Debentures as provided in the Indenture.
