Common use of Company to Provide Stock Clause in Contracts

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, out of its authorized but unissued Applicable Stock, a sufficient number of shares of Applicable Stock to permit the conversion of all outstanding Securities into shares of Applicable Stock (including after taking into account any adjustments to the Conversion Rate pursuant to Section 4.6). All shares of Applicable Stock delivered upon conversion of the Securities shall be newly issued shares, shall be duly authorized, validly issued, fully paid and nonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Company will endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of shares of Applicable Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Applicable Stock on each national securities exchange or on the Nasdaq National Market or other over-the-counter market or such other market on which the Applicable Stock is then listed or quoted; provided, however, that if rules of such automated quotation system or exchange permit the Company to defer the listing of such Applicable Stock until the first conversion of the Securities into Applicable Stock in accordance with the provisions of this Indenture, the Company covenants to list such Applicable Stock issuable upon conversion of the Notes in accordance with the requirements of such automated quotation system or exchange at such time. Any Applicable Stock issued upon conversion of a Security hereunder which at the time of conversion was a Transfer Restricted Security will also be a Transfer Restricted Security.

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, reserve out of its authorized but unissued Applicable Stock, Common Stock a sufficient number of shares of Applicable Common Stock to permit the conversion of all outstanding Securities into shares of Applicable Stock (including after taking into account any adjustments to the Conversion Rate pursuant to Section 4.6)Securities. All shares of Applicable Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly authorized, and validly issued, issued and fully paid and nonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Company will endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of covenants that if any shares of Applicable Common Stock upon to be provided for the purpose of conversion of Securities, if any, and will list Securities hereunder require registration with or cause to have quoted approval of any governmental authority under any federal or state law before such shares of Applicable may be validly issued upon conversion, the Company will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be. The Company further covenants that if at any time the Common Stock on each national securities exchange or shall be quoted on the Nasdaq National Market or any other over-the-counter market automated quotation system or listed on the NYSE or any other national or regional securities exchange, the Company will, if permitted by the rules of such other market automated quotation system or exchange, list and keep listed, so long as the Common Stock shall be so listed on which such automated quotation system or exchange, all shares of Common Stock issuable upon conversion of the Applicable Stock is then listed or quotedSecurities; provided, however, that if the rules of such automated quotation system or exchange permit the Company to defer the listing of such Applicable Common Stock until the first conversion of the Securities into Applicable Common Stock in accordance with the provisions of this Indenture, the Company covenants to list such Applicable Common Stock issuable upon conversion of the Notes Securities in accordance with the requirements of such automated quotation system or exchange at such time. Any Applicable Stock issued upon conversion of a Security hereunder which at the time of conversion was a Transfer Restricted Security will also be a Transfer Restricted Security.

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, reserve out of its authorized but unissued Applicable Stock, Common Stock a sufficient number of shares of Applicable Common Stock to permit the conversion of all outstanding Securities into shares of Applicable Stock (including after taking into account any adjustments to the Conversion Rate pursuant to Section 4.6)Securities. All shares of Applicable Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly authorized, and validly issued, issued and fully paid and nonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Company will endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of covenants that if any shares of Applicable Common Stock to be provided for the purpose of conversion of Securities hereunder require registration with or approval of any governmental authority under any federal or state law before such shares may be validly issued upon conversion, the Company will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be. The Company further covenants that if at any time the Common Stock shall be quoted on The NASDAQ National Market or any other automated quotation system or listed on the New York Stock Exchange or any other national or regional securities exchange, the Company will, if permitted by the rules of such automated quotation system or exchange, list and keep listed, so long as the Common Stock shall be so listed on such automated quotation system or exchange, all shares of Common Stock issuable upon conversion of the Securities, if any, and will list or cause to have quoted such shares of Applicable Stock on each national securities exchange or on the Nasdaq National Market or other over-the-counter market or such other market on which the Applicable Stock is then listed or quoted; provided, however, that if the rules of such automated quotation system or exchange permit the Company to defer the listing of such Applicable Common Stock until the first conversion of the Securities into Applicable Common Stock in accordance with the provisions of this Indenture, the Company covenants to list such Applicable Common Stock issuable upon conversion of the Notes Securities in accordance with the requirements of such automated quotation system or exchange at such time. Any Applicable Stock issued upon conversion of a Security hereunder which at the time of conversion was a Transfer Restricted Security will also be a Transfer Restricted Security.

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, reserve out of its authorized but unissued Applicable Stock, Common Stock a sufficient number of shares of Applicable Common Stock to permit the conversion of all outstanding Securities into shares of Applicable Stock (including after taking into account any adjustments to the Conversion Rate pursuant to Section 4.6)Securities. All shares of Applicable Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly authorized, and validly issued, issued and fully paid and nonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Company will endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of covenants that if any shares of Applicable Common Stock upon to be provided for the purpose of conversion of Securities, if any, and will list Securities hereunder require registration with or cause to have quoted approval of any governmental authority under any federal or state law before such shares of Applicable may be validly issued upon conversion, the Company will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be. The Company further covenants that if at any time the Common Stock shall be quoted or listed on each the NASDAQ National Market or the NYSE or any other automated quotation system or national securities exchange or the Company will, if permitted by the rules of such automated quotation system or exchange, list and keep listed, so long as the Common Stock shall be so listed on such automated quotation system or exchange, all shares of Common Stock issuable upon conversion of the Nasdaq National Market or other over-the-counter market or such other market on which the Applicable Stock is then listed or quotedSecurities; providedPROVIDED, howeverHOWEVER, that if the rules of such automated quotation system or exchange permit the Company to defer the listing of such Applicable Common Stock until the first conversion of the Securities into Applicable Common Stock in accordance with the provisions of this Indenture, the Company covenants to list such Applicable Common Stock issuable upon conversion of the Notes Securities in accordance with the requirements of such automated quotation system or exchange at such time. Any Applicable Stock issued upon conversion of a Security hereunder which at the time of conversion was a Transfer Restricted Security will also be a Transfer Restricted Security.

Company to Provide Stock. (a) The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, out of its authorized but unissued Applicable Common Stock, a sufficient number of shares of Applicable Common Stock to permit the conversion of all outstanding Securities into shares of Applicable Common Stock (including after taking into account any adjustments to the Conversion Rate pursuant to Section 4.613.06). All shares of Applicable Common Stock delivered upon conversion of the Securities shall be newly issued shares, shall be duly authorized, validly issued, fully paid and nonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Company will endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of shares of Applicable Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Applicable Common Stock on each national securities exchange or on the New York Stock Exchange, the Nasdaq National Market or other over-the-counter market or such other market on which the Applicable Common Stock is then listed or quoted; provided, however, that if rules of such automated quotation system or exchange permit the Company to defer the listing of such Applicable Common Stock until the first conversion of the Securities into Applicable Common Stock in accordance with the provisions of this Indenture, the Company covenants to list such Applicable Common Stock issuable upon conversion of the Notes in accordance with the requirements of such automated quotation system or exchange at such time. Any Applicable Common Stock issued upon conversion of a Security hereunder which at the time of conversion was a Transfer Restricted Security will also be a Transfer Restricted Security.

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, reserve out of its authorized but unissued Applicable Stock, Common Stock a sufficient number of shares of Applicable Common Stock to permit the conversion of all outstanding Securities into shares of Applicable Stock (including after taking into account any adjustments to the Conversion Rate pursuant to Section 4.6)Securities. All shares of Applicable Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly authorized, and validly issued, issued and fully paid and nonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Company will endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of covenants that if any shares of Applicable Common Stock upon to be provided for the purpose of conversion of Securities, if any, and will list Securities hereunder require registration with or cause to have quoted approval of any governmental authority under any federal or state law before such shares of Applicable may be validly issued upon conversion, the Company will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be. The Company further covenants that if at any time the Common Stock shall be listed on each national securities exchange the NYSE or on the Nasdaq National Market or any other over-the-counter market national securities exchange or automated quotation system the Company will, if permitted by the rules of such other market exchange or automated quotation system, list and keep listed, so long as the Common Stock shall be so listed on which such exchange or automated quotation system, all shares of Common Stock issuable upon conversion of the Applicable Stock is then listed or quotedSecurities; provided, however, that if the rules of such exchange or automated quotation system or exchange permit the Company to defer the listing of such Applicable Common Stock until the first conversion of the Securities into Applicable Common Stock in accordance with the provisions of this Indenture, the Company covenants to list such Applicable Common Stock issuable upon conversion of the Notes Securities in accordance with the requirements of such exchange or automated quotation system or exchange at such time. Any Applicable Stock issued upon conversion of a Security hereunder which at the time of conversion was a Transfer Restricted Security will also be a Transfer Restricted Security.

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, out of its authorized but unissued Applicable Common Stock, a sufficient number of shares of Applicable Common Stock to permit the conversion of all outstanding Securities into shares of Applicable Stock (including after taking into account any adjustments to the Conversion Rate pursuant to Section 4.6)Common Stock. All shares of Applicable Common Stock delivered upon conversion of the Securities shall be newly issued shares, shall be duly authorized, validly issued, fully paid and nonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Company will endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of shares of Applicable Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Applicable Common Stock on each national securities exchange or on the Nasdaq National Stock Market or other over-the-counter market or such other market on which the Applicable Common Stock is then listed or quoted; providedPROVIDED, howeverHOWEVER, that if rules of such automated quotation system or exchange permit the Company to defer the listing of such Applicable Common Stock until the first conversion of the Securities into Applicable Common Stock in accordance with the provisions of this Indenture, the Company covenants to list such Applicable Common Stock issuable upon conversion of the Notes Securities in accordance with the requirements of such automated quotation system or exchange at such time. Any In no event will the Company take any action that would require adjustment to the Applicable Stock issued Conversion Rate, nor will the Company adjust the Applicable Conversion Rate, if such Applicable Conversion Rate adjustment would require the Company to issue, upon conversion of the Securities, a Security hereunder number of shares of Common Stock that would require the Company to obtain prior stockholder approval under the rules and regulations of the Nasdaq Stock Market, and, if applicable, the rules of the exchange or quotation system on which at the time of conversion was a Transfer Restricted Security will also be a Transfer Restricted SecurityCommon Stock is then traded, without obtaining such prior stockholder approval.

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, reserve out of its authorized but unissued Applicable Stock, Common Stock a sufficient number of shares of Applicable Common Stock to permit the conversion of all outstanding Securities into the Securities. The shares of Applicable Common Stock (including after taking into account or other securities issued upon conversion of the Securities shall bear any adjustments to the Conversion Rate pursuant to legend required by Section 4.6)2.06(d) hereof. All shares of Applicable Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly authorized, and validly issued, issued and fully paid and nonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Company will endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of covenants that if any shares of Applicable Common Stock to be provided for the purpose of conversion of Securities hereunder require registration with or approval of any governmental authority under any federal or state law before such shares may be validly issued upon conversion, the Company will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be. The Company further covenants that if at any time the Common Stock shall be quoted or listed on the NASDAQ National Market or the AMEX or any other automated quotation system or national securities exchange, the Company will, if permitted by the rules of such automated quotation system or exchange, list and keep listed, so long as the Common Stock shall be so listed on such automated quotation system or exchange, all shares of Common Stock issuable upon conversion of the Securities; PROVIDED, if any, and will list or cause to have quoted such shares of Applicable Stock on each national securities exchange or on the Nasdaq National Market or other over-the-counter market or such other market on which the Applicable Stock is then listed or quoted; provided, howeverHOWEVER, that if the rules of such automated quotation system or exchange permit the Company to defer the listing of such Applicable Common Stock until the first conversion of the Securities into Applicable Common Stock in accordance with the provisions of this Indenture, the Company covenants to list such Applicable Common Stock issuable upon conversion of the Notes Securities in accordance with the requirements of such automated quotation system or exchange at such time. Any Applicable Stock issued upon conversion of a Security hereunder which at the time of conversion was a Transfer Restricted Security will also be a Transfer Restricted Security.

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, reserve out of its authorized but unissued Applicable Stock, Common Stock a sufficient number of shares of Applicable Common Stock to permit the conversion of all outstanding Securities into shares of Applicable Stock (including after taking into account any adjustments to the Conversion Rate pursuant to Section 4.6)Securities. All shares of Applicable Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly authorized, and validly issued, issued and fully paid and nonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Company will endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of covenants that if any shares of Applicable Common Stock upon to be provided for the purpose of conversion of Securities, if any, and will list Securities hereunder require registration with or cause to have quoted approval of any governmental authority under any federal or state law before such shares of Applicable may be validly issued upon conversion, the Company will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be. The Company further covenants that if at any time the Common Stock on each national securities exchange or shall be quoted on the Nasdaq National Market or any other over-the-counter market automated quotation system or listed on the NYSE or any other national or regional securities exchange, the Company will, if permitted by the rules of such other market automated quotation system or exchange, list and keep listed, so long as the Common Stock shall be so listed on which such automated quotation system or exchange, all shares of Common Stock issuable upon conversion of the Applicable Stock is then listed or quotedSecurities; provided, however, that if the rules of such automated quotation system or exchange permit the Company to defer the listing of such Applicable Stock until the first conversion of the Securities into Applicable Stock in accordance with the provisions of this Indenture, the Company covenants to list such Applicable Stock issuable upon conversion of the Notes in accordance with the requirements of such automated quotation system or exchange at such time. Any Applicable Stock issued upon conversion of a Security hereunder which at the time of conversion was a Transfer Restricted Security will also be a Transfer Restricted Security.or