Company to Provide Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, solely for the purpose of issuance upon conversion of Securities as herein provided, a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities for shares of Common Stock. All shares of Common Stock which may be issued upon conversion of the Securities shall be duly authorized, validly issued, fully paid and nonassessable when so issued.
Appears in 20 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Company to Provide Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Shares of Common Stock, solely for the purpose of issuance upon conversion of Securities Notes as herein provided, a sufficient number of shares Shares of Common Stock to permit the conversion of all outstanding Securities Notes for shares Shares of Common Stock. All shares Shares of Common Stock which may be issued upon conversion of the Securities Notes shall be duly authorized, validly issued, fully paid and nonassessable and free of preemptive rights and free of any lien or adverse claim when so issued.
Appears in 3 contracts
Samples: Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.)
Company to Provide Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, solely for the purpose of issuance upon conversion of Securities the Debentures as herein provided, a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities for shares of Common StockDebentures. All shares of Common Stock which may be issued upon conversion of the Securities Debentures shall be duly authorized, validly issued, fully paid and nonassessable non- assessable when so issued.
Appears in 2 contracts
Samples: Indenture (Mci Worldcom Inc), Indenture (Skytel Communications Inc)
Company to Provide Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon conversion of Securities Notes as herein provided, a sufficient number of shares of Class A Common Stock to permit the conversion of all outstanding Securities Notes for shares of Class A Common Stock. All shares of Class A Common Stock which may be issued upon conversion of the Securities Notes shall be duly authorized, validly issued, fully paid and nonassessable when so issued.
Appears in 2 contracts
Samples: First Supplemental Indenture (Adelphia Communications Corp), Second Supplemental Indenture (Adelphia Communications Corp)
Company to Provide Stock. The Company has reserved and shall at all times continue to reserve and keep available, free from preemptive rights, out of its authorized but unissued Common StockStock or its Common Stock held in treasury, solely for the purpose of issuance upon conversion of Securities as herein provided, a sufficient number of enough shares of Common Stock to permit the conversion of all outstanding the Securities for shares of Common Stockin full. All shares of Common Stock which may be issued upon conversion of the Securities shall be duly authorized, validly issued, fully paid and nonassessable non-assessable when so issued.
Appears in 2 contracts
Samples: Indenture (Excel Legacy Corp), Indenture (Excel Legacy Corp)
Company to Provide Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, solely for the purpose of issuance upon conversion of Securities as herein provided, a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities for shares of Common StockSecurities. All shares of Common Stock which may be issued upon conversion of the Securities shall be duly authorized, validly issued, fully paid and nonassessable non- assessable when so issued.
Appears in 2 contracts
Samples: Indenture (Smurfit Stone Container Corp), Indenture (Smurfit Stone Container Corp)
Company to Provide Stock. The Company shall at all times ------------------------ reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, solely for the purpose of issuance upon conversion of Securities Notes as herein provided, a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities Notes for shares of Common Stock. All shares of Common Stock which may be issued upon conversion of the Securities Notes shall be duly authorized, validly issued, fully paid and nonassessable when so issued.
Appears in 2 contracts
Samples: Indenture (Charming Shoppes Inc), Indenture (Plasma & Materials Technologies Inc)
Company to Provide Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, solely for the purpose of issuance upon conversion of Convertible Debt Securities as herein provided, a sufficient number of shares of Common Stock to permit the conversion of all outstanding Convertible Debt Securities for shares of Common Stock. All shares of Common Stock which may be issued upon conversion of the Convertible Debt Securities shall be duly authorized, validly issued, fully paid and nonassessable when so issued.
Appears in 1 contract
Samples: Indenture Agreement (Fidelity National Financial Inc /De/)
Company to Provide Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, solely for the purpose of issuance upon conversion of Securities as herein provided, a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities for into shares of Common Stock. All shares of Common Stock which may be issued upon conversion of the Securities shall be duly authorized, validly issued, fully paid and nonassessable when so issued.
Appears in 1 contract
Samples: Indenture (Swift Energy Co)
Company to Provide Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon conversion of Securities Notes as herein provided, a sufficient number of shares of Class A Common Stock to permit the conversion of all outstanding Securities Notes for shares of Class A Common Stock. All shares of Class A Common Stock which may be issued upon conversion of the Securities Notes shall be duly authorized, validly issued, fully paid and nonassessable when so issuedissued .
Appears in 1 contract
Samples: Indenture (Xm Satellite Radio Inc)
Company to Provide Stock. The Company shall at all times shall, prior to issuance of any Securities under this Article 11, and from time to time as may be necessary, reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, solely for the purpose of issuance upon conversion of Securities as herein provided, Stock a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities for shares of Common Stockthe Securities. All shares of Common Stock which may be issued 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 when so issuedand shall be free from preemptive rights and free of any lien or adverse claim.
Appears in 1 contract
Samples: Indenture (Novellus Systems Inc)
Company to Provide Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, solely for the purpose of issuance upon conversion of Securities Notes as herein provided, a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities for Notes into shares of Common Stock. All shares of Common Stock which may be issued upon conversion of the Securities Notes shall be duly authorized, validly issued, fully paid and nonassessable when so issued.
Appears in 1 contract
Company to Provide Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, solely for the purpose of issuance upon conversion of Securities as herein provided, a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities for shares of Common StockSecurities. All shares of Common Stock which may be issued upon conversion of the Securities shall be duly authorized, validly issued, fully paid and nonassessable non-assessable when so issued.
Appears in 1 contract
Samples: Indenture (Westmoreland Coal Co)