Authorized and Reserved Company Common Stock. For so long as any Notes are outstanding, the Company shall cause the authorized capital stock of the Company to include a sufficient number of authorized but unissued shares of Company Common Stock to satisfy the conversion requirements of all Notes then outstanding (giving effect to any adjustment to the Conversion Rate pursuant to the Notes and assuming upon conversion the only settlement option under the Notes and the Indenture was for settlement in shares of Company Common Stock), and shall reserve and keep available out of its authorized but unissued shares of Company Common Stock such number of shares thereof for issuance upon conversion of the Notes.
Appears in 3 contracts
Samples: Investment Agreement (View, Inc.), Investment Agreement (Nikola Corp), Investment Agreement (ChargePoint Holdings, Inc.)
Authorized and Reserved Company Common Stock. For so long as any Notes are outstanding, the Company shall cause the authorized capital stock of the Company to include a sufficient number of authorized but unissued shares of Company Common Stock to satisfy the conversion requirements of all Notes then outstanding (giving effect to any adjustment to the Conversion Rate (as defined in the Notes) pursuant to the Notes and assuming upon conversion the only settlement option under the Notes and the Indenture was for settlement in shares of Company Common StockNotes), and shall reserve and keep available out of its authorized but unissued shares of Company Common Stock such number of shares thereof for issuance upon conversion of the Notes.
Appears in 2 contracts
Samples: Investment Agreement (Eos Energy Enterprises, Inc.), Investment Agreement (Eos Energy Enterprises, Inc.)
Authorized and Reserved Company Common Stock. For so long as any Notes are outstanding, the Company shall cause the authorized capital stock of the Company to include a sufficient number of authorized but unissued shares of Company Common Stock to satisfy the conversion requirements of all Notes then outstanding (giving effect to any adjustment to the Conversion Rate (as defined in the Indenture) pursuant to the Notes and assuming upon conversion the only settlement option under the Notes and the Indenture was for settlement in shares of Company Common StockIndenture), and shall reserve and keep available out of its authorized but unissued shares of Company Common Stock such number of shares thereof for issuance upon conversion of the Notes.
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