Common use of Company to Provide Common Stock Clause in Contracts

Company to Provide Common Stock. (a) The Company shall, prior to issuance of any Notes hereunder, and from time to time as may be necessary, reserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock to permit the conversion of all Outstanding Notes into shares of Common Stock. (b) All shares of Common Stock delivered upon conversion of the Notes shall be newly issued shares, shall be duly authorized, validly issued, fully paid and nonassessable and shall be free from preemptive or similar rights and free of any lien or adverse claim as the result of any action by the Company.

Appears in 9 contracts

Samples: Indenture (Greenbrier Companies Inc), Indenture (Mannkind Corp), Indenture (Mannkind Corp)

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Company to Provide Common Stock. (a) The Company shall, prior to issuance of any Notes hereunder, and from time to time as may be necessary, reserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock to permit the conversion of all Outstanding Notes into shares of Common Stock. (ba) All shares of Common Stock delivered upon conversion of the Notes shall be newly issued shares, shall be duly authorized, validly issued, fully paid and nonassessable and shall be free from preemptive or similar rights and free of any lien or adverse claim as the result of any action by the Company.

Appears in 1 contract

Samples: First Supplemental Indenture (Greenbrier Companies Inc)

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Company to Provide Common Stock. (a) The Company shall, prior to issuance of any Notes Securities hereunder, and from time to time as may be necessary, reserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock to permit the conversion of all Outstanding Notes outstanding Securities into shares of Common Stock. (b) All shares of Common Stock delivered upon conversion of the Notes Securities shall be newly issued shares, shall be duly authorized, validly issued, fully paid and nonassessable and shall be free from preemptive or similar rights and free of any lien or adverse claim as the result of any action by the Company. (c) The Company will endeavor promptly to comply with all applicable federal and state securities laws regulating the offer and delivery of shares of Common Stock upon conversion of Securities.

Appears in 1 contract

Samples: First Supplemental Indenture (Mannkind Corp)

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