Common use of Availability of Common Stock Clause in Contracts

Availability of Common Stock. From the date hereof until the Effective Time, the Company shall cause to be reserved and kept available out of its authorized and unissued shares of Company Common Stock or any shares of Company Common Stock held in its treasury, the number of shares of Company Common Stock that will be sufficient to permit the exercise in full of the Top-Up Option pursuant to this Section 1.4 in addition to the number of shares of Company Common Stock reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company.

Availability of Common Stock. From the date hereof until the Effective Time, the Company shall cause to be reserved and kept available for issuance out of its authorized and unissued shares of Company Common Stock or and any shares of Company Common Stock held in its treasury, the number of shares of Company Common Stock that will be sufficient to permit the exercise in full of the Top-Up Option pursuant to this Section 1.4 in addition to the number of shares of Company Common Stock that are reserved for issuance upon the exercise of outstanding options, rights or warrants warrants, including the Warrant, or upon the vesting or conversion of any outstanding securities issued by the CompanyCompany for which shares of Company Common Stock are issuable upon vesting or that are convertible into Company Common Stock, respectively.

Availability of Common Stock. From the date hereof until the Effective Time, the Company shall cause to be reserved and kept available out of its authorized and unissued shares of Company Common Stock or any shares of Company Common Stock held in its treasuryStock, the number of shares of Company Common Stock that will be sufficient to permit the exercise in full of the Top-Up Option pursuant to this Section 1.4 1.03 in addition to the number of shares of Company Common Stock reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company.