Certain Obligations of the Company. The Company covenants that it will at all times reserve and keep available out of its authorized and unissued Common Stock, solely for the purpose of issuing upon exercise of the purchase rights evidenced by this Warrant, the number of shares of Common Stock purchasable and deliverable hereunder. The Company will not, by amendment of its Certificate of Incorporation or through reorganization, consolidation, merger, dissolution, issuance of capital stock or sale of treasury stock (otherwise than upon exercise of this Warrant) or sale of assets, or by any other voluntary act or deed, avoid or seek to avoid the performance or observance of any of the covenants, stipulations or conditions in this Warrant to be observed or performed by the Company. The Company will at all times in good faith assist in the carrying out of all of the provisions of this Warrant and in the taking of all other action which may be necessary in order to protect the rights of the Holder of this Warrant against dilution consistent with the provisions of this Warrant. The Company covenants and agrees to maintain, on a current basis, the reports, notices and statements required to be filed with the Securities Exchange Commission. The Company will maintain an office where presentations and demands to or upon the Company in respect of this Warrant may be made. The Company will give notice in writing to the registered Holder of this Warrant, at the address of the registered Holder of this Warrant appearing on the books of the Company, of each change in the locations of such office.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Cyberguard Corp), Stock Purchase Agreement (Cyberguard Corp), Warrant to Purchase Common Stock (Cyberguard Corp)
Certain Obligations of the Company. The Company will from time to time, in accordance with the laws of The Commonwealth of Massachusetts, take action to increase the authorized amount of its Common Stock if at any time the number of shares of Common Stock authorized but remaining unissued and unreserved for other purposes shall be insufficient to permit the exercise of this Warrant. The Company covenants that it will at all times reserve and keep available out of its authorized and unissued Common StockStock or out of shares of its treasury stock, solely for the purpose of issuing issue upon exercise of the purchase rights evidenced by this Warrant, the a number of shares of Common Stock purchasable and deliverable hereunderequal to the Warrant Number in effect from time to time. The Company will not, by amendment of its Certificate Articles of Incorporation Organization, including without limitation, amendment of the par value of its Common Stock, or through reorganization, consolidation, merger, dissolution, issuance of capital stock or sale of treasury stock (otherwise than upon exercise of this Warrant) or sale of assets, or by any other voluntary act or deed, avoid or seek to avoid the material performance or observance of any of the covenants, stipulations or conditions in this Warrant to be observed or performed by the Company. The Company will at all times in good faith assist assist, insofar as it is able, in the carrying out of all of the provisions of this Warrant in a reasonable manner and in the taking of all other action which may be necessary in order to protect the rights of the Holder holder of this Warrant against dilution consistent with in the manner required by the provisions of this Warrant. The Company covenants and agrees to maintain, on a current basis, the reports, notices and statements required to be filed with the Securities Exchange Commission. The Company will maintain an office where presentations and demands to or upon the Company in respect of this Warrant may be made. The Company will give notice in writing to the registered Holder holder of this Warrant, at the address of the registered Holder holder of this Warrant appearing on the books of the Company, of each change in the locations location of such office.
Appears in 3 contracts
Samples: Warrant Agreement (Nuclear Metals Inc), Warrant Agreement (Starmet Corp), Warrant Agreement (Nuclear Metals Inc)
Certain Obligations of the Company. The Company covenants will, in accordance with the laws of the State of Delaware, take such actions as may be necessary to ensure that it will the authorized amount of any class of stock from which Conversion Stock is to be issued shall, at all times reserve and keep available out the time of its authorized and unissued Common Stocksuch conversion, solely for be sufficient to permit the purpose of issuing upon exercise of conversion rights under this Note and to ensure that, at the purchase rights evidenced by this Warranttime of such conversion, the number authorized amount of shares any class of Common stock into which the Conversion Stock purchasable and deliverable hereunderis convertible shall be sufficient to permit the exercise of any such conversion rights applicable to the Conversion Stock. The Company will not, by amendment of its Certificate of Incorporation or through reorganization, consolidation, merger, dissolution, issuance of capital stock or sale of treasury stock (otherwise than upon exercise of this Warrantconversion rights hereunder) or sale of assets, or by any other voluntary act or deed, avoid or seek to avoid the material performance or observance of any of the covenants, stipulations or conditions in this Warrant Note to be observed or performed by the Company. The Company will at all times in good faith assist assist, insofar as it is able, in the carrying out of all of the provisions of this Warrant Note in a reasonable manner and in the taking of all other action which may be necessary in order to protect and preserve the rights of the Holder of this Warrant against dilution consistent with set forth herein and in the provisions of this Warrant. The Company covenants and agrees to maintain, on a current basis, the reports, notices and statements required to be filed with the Securities Exchange CommissionCharter. The Company will maintain an office where presentations and demands to or upon the Company in respect of this Warrant Note may be made. The Company will give notice in writing to the registered Holder of this WarrantHolder, at the address of the registered Holder of this Warrant appearing on the books of the Company, of each change in the locations location of such office.
Appears in 1 contract
Certain Obligations of the Company. The Company covenants that it will at all times reserve and keep available out of its authorized and unissued Common Stock, solely for the purpose of issuing upon exercise of the purchase rights evidenced by this Warrant, the number of shares of Common Stock purchasable and deliverable hereunder. The Company will not, by amendment of its Certificate of Incorporation or through reorganization, consolidation, merger, dissolution, issuance of capital stock or sale of treasury stock (otherwise than upon exercise of this Warrant) or sale of assets, or by any other voluntary act or deed, avoid or seek to avoid the performance or observance of any of the covenants, stipulations or conditions in this Warrant to be observed or performed by the Company. The Company will at all times in good faith assist in the carrying out of all of the provisions of this Warrant and in the taking of all other action which may be necessary in order to protect the rights of the Holder of this Warrant against dilution consistent with the provisions of this Warrant. The Company covenants and agrees to maintain, on a current basis, the reports, notices and statements required to be filed with the Securities Exchange Commission. The Company will maintain an office where presentations and demands to or upon the Company in respect of this Warrant may be made. The Company will give notice in writing to the registered Holder of this Warrant, at the address of the registered Holder of this Warrant appearing on the books of the Company, of each change in the locations of such office.to
Appears in 1 contract
Samples: Agreement Regarding Issuance of Common Stock (Cyberguard Corp)