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 it 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 Securities into shares of Common Stock. All shares of Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury 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 Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 8 contracts

Samples: Indenture (American Skiing Co /Me), Indenture (Trans World Airlines Inc /New/), Indenture (Equity Corp International)

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Company to Provide Stock. The Company shall, prior to ------------------------ issuance of any Securities hereunder, and from time to time as it may be necessary, reserve, reserve out of its authorized but unissued Common Stock, Stock a sufficient number of shares of Common Stock to permit the conversion of all outstanding the Securities into for shares of Common Stock. All shares of 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 Federal and state securities laws regulating the offer and delivery of shares of Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-the- counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 3 contracts

Samples: Indenture (Hewlett Packard Co), Indenture (Merrill Lynch Preferred Funding Vi L P), Indenture (Merrill Lynch Preferred Capital Trust V)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as it may be necessary, reserve, out of its authorized but unissued Common Stock, a sufficient number of shares of its Common Stock to permit the conversion of all outstanding Securities into shares of such Common Stock. All shares of Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and nonassessable and shall be free from preemptive rights and free of any lien Lien or adverse claim. The Company will shall endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of shares of Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in on the over-the-counter market or such other market on which the such Common Stock is then listed or quoted.

Appears in 3 contracts

Samples: Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as it may be necessary, reserve, reserve out of its authorized but unissued Common Stock, Stock a sufficient number of shares of Common Stock to permit the conversion of all outstanding the Securities into for shares of Common Stock. All shares of 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 Federal and state securities laws regulating the offer and delivery of shares of Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 3 contracts

Samples: Indenture (Costco Companies Inc), Indenture (Multiverse Acquisition Corp), Indenture (Talk Radio Network Inc)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunderunder this Article 10, and from time to time as it may be necessary, reserve, reserve out of its authorized but unissued shares of Common Stock, Stock a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities into shares of Common Stockthe Securities. All Any shares of 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 nonassessable, and shall be free from preemptive or similar rights and shall be 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 Common Stock Stock, if any, upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-counter market or such other market on which the shares of Common Stock is are then listed or quoted.

Appears in 2 contracts

Samples: Indenture (American Realty Capital Properties, Inc.), Indenture (CapLease, Inc.)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunderunder this Article 11, and from time to time as it may be necessary, reserve, reserve out of its authorized but unissued or treasury Common Stock, Stock a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities into shares of Common Stockthe Securities. All shares of Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly authorized, authorized and validly issued, fully paid and nonassessable 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 Common Stock upon conversion of Securities, if any, including the addition of any and all restrictive legends that are required to appear on the face of the Common Stock, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 1 contract

Samples: Indenture (Jones Apparel Group Inc)

Company to Provide Stock. The Company shall, prior to issuance of any Securities Notes hereunder, and from time to time as it 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 Securities Notes into shares of Common Stock. All The Company covenants that all shares of Common Stock delivered upon conversion of the Securities Notes shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and nonassessable non-assessable 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 Common Stock upon conversion of SecuritiesNotes, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 1 contract

Samples: First Supplemental Indenture (Franklin Bank Corp)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as it 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 Securities into shares of Common Stock. All shares of Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury 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 use its reasonable best efforts to comply with all federal and state securities laws regulating the offer and delivery of shares of Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such all shares of Common Stock deliverable upon conversion of the Securities on the American Stock Exchange and each other national securities exchange or in the over-the-counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 1 contract

Samples: Indenture (Trans World Airlines Inc /New/)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as it may be necessary, reserve, out of its authorized but unissued Common Stock, Stock a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities into for shares of Common Stock. All shares of Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and nonassessable non-assessable 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 Federal and state securities laws regulating the offer and delivery of shares of Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 1 contract

Samples: Indenture (Sterling Software Inc)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as it 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 Securities into shares of Common Stock. All shares of Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury 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 Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such all shares of Common Stock deliverable upon conversion of the Securities on the American Stock Exchange and each other national securities exchange or in the over-the-counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 1 contract

Samples: Indenture (Trans World Airlines Inc /New/)

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Company to Provide Stock. The Company shall, prior to issuance -------------------------------------- of any Securities hereunderunder this Article X, and from time to time as it may be necessary, reserve, reserve out of its authorized but unissued shares of Common Stock, Stock a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities into shares of Common Stockthe Securities. All shares of 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 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 Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-counter market or such other market on which the shares of Common Stock is are then listed or quoted.

Appears in 1 contract

Samples: Indenture (Mirant Corp)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as it 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 Securities into shares of Common Stock. All shares of Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury 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 Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-the- counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 1 contract

Samples: Indenture (Boston Chicken Inc)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder, and from time to time as it may be necessary, reserve, reserve out of its authorized but unissued Common Stock, Stock a sufficient number of shares of Common Stock to permit the conversion of all outstanding the Securities into for shares of Common Stock. All shares of 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 Federal and state securities laws regulating the offer and delivery of shares of Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-counter market or such other market on which the shares of the Common Stock is are then listed or quoted.

Appears in 1 contract

Samples: Indenture (Brightpoint Inc)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunder2020 Debentures under this Article Fourteen, and from time to time as it 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 Securities 2020 Debentures Outstanding into shares of Common Stock. All shares of Common Stock delivered upon conversion of the Securities 2020 Debentures shall be newly issued shares or treasury 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 Common Stock upon conversion of Securities2020 Debentures, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in on the Nasdaq National Market or other over-the-counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 1 contract

Samples: Supplemental Indenture (Anadarko Petroleum Corp)

Company to Provide Stock. The Company shall, prior to issuance of any Securities hereunderunder this Article X, and from time to time as it may be necessary, reserve, reserve out of its authorized but unissued Common Stock, Stock a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities into shares of Common Stockthe Securities. All shares of 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 nonassessable, except as set forth in Wis. Stat. §180.0622(2)(b), 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 Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-counter market or such other market on which the Common Stock is are then listed or quoted.

Appears in 1 contract

Samples: Indenture (Manpower Inc /Wi/)

Company to Provide Stock. The Company shall, prior to issuance of any Securities Debentures hereunder, and from time to time as it may be necessary, reserve, reserve out of its authorized but unissued Common Stock, Stock a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities into the Debentures for shares of Common Stock. All shares of Common Stock delivered upon conversion of the Securities Debentures 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 Federal and state securities laws regulating the offer and delivery of shares of Common Stock upon conversion of SecuritiesDebentures, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or in the over-the-counter market or such other market on which the Common Stock is then listed or quoted.

Appears in 1 contract

Samples: First Supplemental Indenture (Pride International Inc)

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