Authorization of Issuance of Securities. The OP Units to be issued to the Contributor under this Agreement have been or will be duly authorized for issuance and sale to them by the Partnership and ATA, as applicable, and, when issued and delivered by the Partnership, pursuant to this Agreement, against payment of the Contribution Price set forth herein, will be validly issued and fully paid and non-assessable free and clear of any Lien. The OP Units conform to all statements relating thereto contained in the SEC Reports and such description conforms to the rights set forth in the instruments defining the same. Any certificates representing the OP Units, if any, are in due and proper form; no holder of thereof will be subject to personal liability by reason of being such a holder; and the issuance thereof is not subject to any statutory or contractual preemptive rights, resale rights, rights of first refusal or other similar rights of any securityholder of ATA or the Partnership.
Authorization of Issuance of Securities. The Company has authorized the initial issuance of (a) 1,086,956 Common Shares to be issued hereunder and (b) the Common Stock Warrants, collectively referred to herein as the “Securities”.
Authorization of Issuance of Securities. The Company has authorized the issuance to the Purchaser of one million (1,000,000) common shares of the Company (the “Shares”), no par value (a “Common Share”) and one million and one hundred thousand (1,100,000) purchase warrants of the Company (a “Warrant”), set forth on the signature page hereof. The Warrants will be substantially in the form of Appendix III to this Agreement.
Authorization of Issuance of Securities. The Company has authorized the initial issuance of (collectively referred to herein as the "SECURITIES") the following: (a) 456,429 Common Shares to be issued hereunder and (b) the Common Stock Warrants.
Authorization of Issuance of Securities. The Company has authorized the initial issuance of (a) 200,000 Preferred Shares to be issued hereunder, having the powers, designations, preferences and relative rights and the qualifications, limitations and restrictions set forth in the Certificate of Designations, and (b) up to 50,000 Preferred Shares upon exercise of the Series C Preferred Stock Warrants, and (c) such additional shares of Series C Preferred Stock as may be necessary to pay in-kind accrued but unpaid dividends on the shares of Series C Preferred Stock referred to in clauses (a) and (b) preceding for up to three (3) years; and (d) the Series C Preferred Stock Warrants; and (e) the Common Stock Warrants, and (f) 30,082 Common Shares. The 200,000 Preferred Shares, 30,082 Common Shares, Series C Preferred Stock Warrants and Common Stock Warrants to be issued pursuant to this Agreement are collectively referred to herein as the "SECURITIES".
Authorization of Issuance of Securities. The Company has authorized the issuance and sale to the Purchasers listed on Schedule I hereto of up to 17,875,000 shares of Common Stock on and subject to the terms and conditions of this Agreement. The Company has also authorized the issuance of 21,648,346 Conversion Shares for issuance to the Series E Holders pursuant to Article 6 of this Agreement.
Authorization of Issuance of Securities. The Company has authorized the initial issuance of up to 6,250,000 shares of Common Stock and up to 3,125,000 Common Stock Warrants on and subject to the terms and conditions of this Agreement and has reserved out of its authorized and unissued Common Stock for the purpose of effecting the exercise of the Common Stock Warrants, up to 3,125,000 shares of Common Stock.
Authorization of Issuance of Securities. 11 Section 2.1 Authorization of the Notes 11 ARTICLE 3 CONDITIONS PRECEDENT TO EFFECTIVENESS 12 Section 3.1 Lenders' Conditions to Effectiveness 12 Section 3.2 The Borrower's Condition to Effectiveness 13
