Common use of Availability of Shares Clause in Contracts

Availability of Shares. The Corporation, during the term of this Option, shall keep available at all times the number of shares of common stock required to satisfy the Option. The Corporation shall utilize its best efforts to comply with the requirements of each regulatory commission or agency having jurisdiction in order to issue and sell the Common Shares to satisfy the Option. Such compliance will be a condition precedent to the right to exercise the Option. The inability of the Corporation to effect such compliance with any such regulatory commission or agency which counsel for the Corporation deems necessary for the lawful issuance and sale of the Common Shares to satisfy this Option shall relieve the Corporation from any liability for failure to issue and sell the Common Shares to satisfy the Option for such period of time as such compliance is not effectuated.

Availability of Shares. The CorporationCompany, during the term of this Option, at all times shall keep available at all times the number of shares of common stock required to satisfy the Option. The Corporation Company shall utilize its best efforts to comply with the requirements of each regulatory commission or agency having jurisdiction in order to issue and sell the Common Shares to satisfy the Option. Such compliance will be a condition precedent to the right to exercise the Option. The inability of the Corporation Company to effect such compliance with any such regulatory commission or agency which counsel for the Corporation Company deems necessary for the lawful issuance and sale of the Common Shares to satisfy this Option shall relieve the Corporation Company from any liability for failure to issue and sell the Common Shares to satisfy the Option for such period of time as such compliance is not effectuated.