Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities.
Appears in 74 contracts
Samples: Indenture (Epix Medical Inc), Supplemental Indenture (E Trade Financial Corp), Indenture (Hercules Offshore, Inc.)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities.
Appears in 46 contracts
Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (FMC Corp), Church & Dwight Co Inc /De/
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities.
Appears in 23 contracts
Samples: Reconciliation And (Mindspring Enterprises Inc), Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesNotes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Notes.
Appears in 21 contracts
Samples: Indenture (Lamar Advertising Co/New), Supplemental Indenture (Asbury Automotive Group Inc), Indenture (Charter Communications Inc /Mo/)
Company to Reserve Common Stock. The Company shall at all times use its best efforts to reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of fully paid and nonassessable Common Stock then issuable upon the conversion of all Outstanding Securities.
Appears in 18 contracts
Samples: Note and Warrant Purchase Agreement (Electro Energy Inc), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Cv Therapeutics Inc)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive pre-emptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities.
Appears in 13 contracts
Samples: Indenture (Solutia Inc), Indenture (First Tennessee National Corp), Indenture (Associated Banc-Corp)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesSecurities of any series, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding SecuritiesSecurities of such series.
Appears in 11 contracts
Samples: Indenture (Thermo Electron Corp), Indenture (Thermo Instrument Systems Inc), Indenture (Thermotrex Corp)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued Common Stock, solely for issuance upon settlement of the purpose of effecting the conversion of SecuritiesPurchase Contracts, the full number of shares of Common Stock then that would be issuable upon the conversion settlement of all Outstanding SecuritiesPurchase Contracts (whether or not included in a Unit), assuming settlement at the Maximum Settlement Rate.
Appears in 11 contracts
Samples: Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (Brookdale Senior Living Inc.)
Company to Reserve Common 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 effecting the conversion of Securities, the full whole number of shares of Common Stock then issuable upon the conversion in full of all Outstanding outstanding Securities.
Appears in 10 contracts
Samples: Indenture (Affymetrix Inc), Indenture (Human Genome Sciences Inc), Indenture (Seacor Holdings Inc)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full a number of shares of Common Stock then issuable upon for the conversion of all Outstanding Securitiesoutstanding Securities of any series which is convertible into Common Stock.
Appears in 10 contracts
Samples: Indenture (Apex Mortgage Capital Inc), Boston Private Financial Holdings Inc, Trinet Corporate Realty Trust Inc
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its the authorized but unissued Common StockStock or out of the Common Stock held in treasury, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities. Shares of Common Stock issuable upon conversion of outstanding Securities shall be issued out of the Common Stock held in Treasury to the extent available.
Appears in 9 contracts
Samples: Indenture (Hilb Rogal & Hamilton Co /Va/), Indenture (Speedway Motorsports Inc), Indenture (Fuisz Technologies LTD)
Company to Reserve Common Stock. The Company shall at all times use its best efforts to reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesNotes, the full number of shares of fully paid and nonassessable Common Stock then issuable upon the conversion of all Outstanding SecuritiesNotes outstanding.
Appears in 8 contracts
Samples: Indenture (Regeneron Pharmaceuticals Inc), Indenture (Openwave Systems Inc), Indenture (Province Healthcare Co)
Company to Reserve Common Stock. The Company shall at all times and from time to time reserve and keep available, free from preemptive rights, out of its authorized but unissued Common StockStock that is not committed for any other purpose, for the purpose of effecting the issuance upon conversion of SecuritiesNotes, the full a number of shares of Common Stock then issuable upon equal to the conversion product of all (a) the Maximum Conversion Rate and (b) the aggregate principal amount of Outstanding SecuritiesNotes divided by $1,000.
Appears in 7 contracts
Samples: Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its the authorized but unissued Common StockStock or out of the Common Stock held in treasury, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Securities so convertible.
Appears in 6 contracts
Samples: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesNotes, the full number of shares of fully paid and nonassessable Common Stock then issuable upon the conversion of all Outstanding SecuritiesNotes outstanding.
Appears in 5 contracts
Samples: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/), McMoran Exploration Co /De/
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but previously unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all such Outstanding Securities.
Appears in 5 contracts
Samples: Indenture (MRV Communications Inc), Homebase Inc, Apria Healthcare Group Inc
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive and other rights, out of its the authorized but unissued Common StockStock or out of the Common Stock held in the treasury of the Company, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon on the conversion of all Outstanding outstanding Securities. Shares of Common Stock issuable on conversion of outstanding Securities shall be issued out of the Common Stock held in the treasury of the Company to the extent available.
Appears in 4 contracts
Samples: Indenture (Innovative Valve Technologies Inc), Pentegra Dental Group Inc, American Residential Services Inc
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its the authorized but unissued Common StockStock or out of the Common Stock held in treasury, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities.
Appears in 4 contracts
Samples: Indenture (KCS Energy Inc), Exhibit 4 (Converse Inc), Converse Inc
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesBonds, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding debentures.
Appears in 3 contracts
Samples: Ilx Inc/Az/, Ilx Inc/Az/, Ilx Inc/Az/
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive pre-emptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesNotes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding SecuritiesNotes.
Appears in 3 contracts
Samples: Signature Resorts Inc, Signature Resorts Inc, Signature Resorts Inc
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesNotes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding SecuritiesNotes.
Appears in 3 contracts
Samples: Supplemental Indenture (PHH Corp), Indenture (Aspect Medical Systems Inc), Indenture (American Greetings Corp)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesDebentures, the full number of shares of Common Stock Conversion Shares then issuable upon the conversion of all Outstanding Securitiesoutstanding Debentures.
Appears in 3 contracts
Samples: Registration Rights Agreement (British Aerospace Holdings Inc), Registration Rights Agreement (Orion Newco Services Inc), Debenture Purchase Agreement (Orion Newco Services Inc)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securitiesany Securities to which this Article 9 applies, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities.
Appears in 2 contracts
Samples: Epicept Corporation (Epicept Corp), Epicept Corporation (Epicept Corp)
Company to Reserve Common Stock. The Company shall at all times use its best efforts to reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of fully paid and nonassessable Common Stock then issuable upon the conversion of all Outstanding Securities, including pursuant to any Make-Whole Premium.
Appears in 2 contracts
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesDebentures, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding SecuritiesDebentures.
Appears in 2 contracts
Samples: Indenture (Meridian Bioscience Inc), Indenture (Code Alarm Inc)
Company to Reserve Common 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 effecting the conversion of Securities1997A Notes, the full whole number of shares of Common Stock then issuable upon the conversion in full of all Outstanding Securitiesoutstanding 1997A Notes.
Appears in 2 contracts
Samples: Supplemental Indenture (Diamond Offshore Drilling Inc), Supplemental Indenture (Diamond Offshore Drilling Inc)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securitiesthe Debentures, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Debentures, and the Company will maintain at all times all other rights and privileges sufficient to enable it to fulfill all its obligations hereunder.
Appears in 2 contracts
Samples: Iexalt Inc, Iexalt Inc
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of fully paid and non-assessable Common Stock then issuable upon the conversion of all Outstanding Securities.
Appears in 2 contracts
Samples: Lifetime Brands, Inc, Indenture (Dov Pharmaceutical Inc)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive and other rights, out of its the authorized but unissued Common StockStock or out of the Common Stock held in treasury, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities. Shares of Common Stock issuable upon conversion of outstanding Securities shall be issued out of the Common Stock held in Treasury to the extent available.
Appears in 2 contracts
Samples: Indenture (Avatar Holdings Inc), American Residential Services Inc
Company to Reserve Common Stock. The Company shall at all times ------------------------------- reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities.
Appears in 2 contracts
Samples: Indenture (Exodus Communications Inc), Exodus Communications Inc
Company to Reserve Common Stock. The Company shall at ------------------------------- all times use its best efforts to reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesNotes, the full number of shares of fully paid and nonassessable Common Stock then issuable upon the conversion of all Outstanding SecuritiesNotes outstanding.
Appears in 2 contracts
Samples: Resmed Inc, Asyst Technologies Inc /Ca/
Company to Reserve Common Stock. The Company shall at all times use its best efforts to reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesDebentures, the full number of shares of fully paid and nonassessable Common Stock then issuable upon the conversion of all Outstanding SecuritiesDebentures.
Appears in 2 contracts
Samples: Resale Registration Rights Agreement (Primus Telecommunications Group Inc), Kerr McGee Corp
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive or similar rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities.
Appears in 2 contracts
Samples: Advanced Energy Industries Inc, Advanced Energy Industries Inc
Company to Reserve Common Stock. The Company shall at all times while any Securities are Outstanding reserve and keep available, free from preemptive rights, out of its authorized but previously unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all such Outstanding Securities.
Appears in 2 contracts
Samples: Indenture (Rite Aid Corp), America Online Inc
Company to Reserve Common Stock. The Company shall at -------------------------------- all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesDebentures, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Debentures.
Appears in 1 contract
Samples: Alpha Technologies Group Inc
Company to Reserve Common Stock. The Company shall at all ------------------------------- times reserve and keep available, free from preemptive rights, out of its authorized but and unissued Common Stock, solely for the purpose of effecting the conversion of SecuritiesDebentures, the full number of shares of Common Stock then issuable upon the conversion in full of all Outstanding SecuritiesDebentures.
Appears in 1 contract
Samples: Indenture (KFX Inc)
Company to Reserve Common Stock. The Company shall at all times while any Securities are Outstanding reserve and keep available, free from preemptive rights, out of its authorized but previously unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all such Outstanding Securities.
Appears in 1 contract
Samples: Rite Aid Corp
Company to Reserve Common 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, for the purpose of effecting the conversion of SecuritiesDebentures, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Debentures and shall take all action necessary so that shares of Common Stock so issued will be validly issued, fully paid and nonassessable.
Appears in 1 contract
Samples: Indenture (Maxtor Corp)
Company to Reserve Common 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 effecting the conversion of SecuritiesNotes, the full whole number of shares of Common Stock then issuable upon the conversion in full of all Outstanding Securitiesoutstanding Notes.
Appears in 1 contract
Samples: Prime Succession Holdings Inc
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive pre-emptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities.. 83
Appears in 1 contract
Samples: Indenture (Associated Banc-Corp)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its the authorized but unissued Common StockStock or out of the Common Stock held in treasury, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities.. Shares of Common Stock issuable upon conversion of outstanding Securities shall be issued out of the Common Stock held in Treasury to the extent available. 104
Appears in 1 contract
Company to Reserve Common Stock. The Company shall will at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesNotes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Notes (assuming, for such purpose, that Physical Settlement were applicable to all such Notes and all such conversions were effected in connection with a Make-Whole Fundamental Change).
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its the authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable deliverable upon the conversion of all Outstanding outstanding Securities. All shares of Common Stock which shall be so deliverable shall be duly and validly authorized and issued, fully paid, and nonassessable.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common StockStock or out of its Common Stock held in treasury, for the purpose of effecting the conversion of SecuritiesConvertible Notes, the full number of shares of its Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Convertible Notes.
Appears in 1 contract
Samples: Indenture (Usn Communications Inc)
Company to Reserve Common Stock. The Company shall will at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesNotes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Notes (assuming, for such purpose, that all such conversions were effected in connection with a Make-Whole Fundamental Change).
Appears in 1 contract
Samples: Supplemental Indenture (Mindspeed Technologies, Inc)
Company to Reserve Common Stock. The Company Holdings shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities.
Appears in 1 contract
Samples: Indenture (United Rentals Inc /De)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its the authorized but unissued Common StockStock or out of the Common Stock held in treasury, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities. Shares of Common Stock issuable upon conversion of outstanding Securities shall be issued out of the Common Stock held in treasury to the extent available.
Appears in 1 contract
Samples: Nexstar Pharmaceuticals Inc
Company to Reserve Common Stock. The Company shall at all ------------------------------- times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common StockStock or out of its Common Stock held in treasury, for the purpose of effecting the conversion of SecuritiesConvertible Notes, the full number of shares of its Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Convertible Notes.
Appears in 1 contract
Samples: Indenture (United Usn Inc)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities, assuming that the Company was to elect to issue Net Shares in lieu of cash.
Appears in 1 contract
Samples: Solectron Corp
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities, assuming that the Company was to elect to issue Net Shares in lieu of cash, unless the Company shall irrevocably commit to pay cash instead of shares of common stock for all purposes under this Indenture.
Appears in 1 contract
Samples: Tia Indenture (Solectron Corp)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common StockStock or out of its Common Stock held in treasury, for the purpose of effecting the conversion of SecuritiesNotes, the full number of shares of its Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Notes.
Appears in 1 contract
Samples: Indenture (PLD Telekom Inc)
Company to Reserve Common Stock. 107- The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities.
Appears in 1 contract
Samples: Digital Island Inc
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its the authorized but unissued Common StockStock or out of the Common Stock held in treasury, for the purpose of effecting the conversion of SecuritiesNotes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securitiesoutstanding Notes.
Appears in 1 contract
Samples: Telegroup Inc
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive pre-emptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities. SECTION 1508.
Appears in 1 contract
Samples: Anadarko Petroleum Corp
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities4.50% Debentures, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities4.50% Debentures.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities____% Debentures, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities____% Debentures.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its the authorized but unissued Common StockStock or out of the shares of Common Stock held in treasury, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities. Shares of Common Stock issuable upon conversion of outstanding Securities shall be issued out of the Common Stock held in Treasury to the extent available.
Appears in 1 contract
Samples: Res Care Inc /Ky/
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securitiesthe Notes, the full number of shares of fully paid and nonassessable Common Stock then issuable upon the conversion of all Outstanding SecuritiesNotes.
Appears in 1 contract
Samples: Indenture (Infocrossing Inc)
Company to Reserve Common Stock. The Company Borrower shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common StockStock or out of its Common Stock held in treasury, for the purpose of effecting the conversion of SecuritiesNotes and any accrued and unpaid Interest thereon, the full number of shares of its Common Stock then issuable upon the conversion of the entire principal amount of the aggregate Loan Commitment and all Outstanding Securitiesinterest that would accrue on such aggregate amount up to and including the Final Maturity Date.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive pre-emptive rights, out of its authorized but unissued non-voting and voting Common Stock, for the purpose of effecting the conversion of Series B Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Series B Securities.
Appears in 1 contract
Samples: Indenture (Autobond Acceptance Corp)
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of SecuritiesSecurities of any series to which this Article 9 applies, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding SecuritiesSecurities of any such series.
Appears in 1 contract
Samples: Epicept Corp
Company to Reserve Common Stock. The Company shall at all times reserve and keep available, free from preemptive pre-emptive rights, out of its authorized but unissued non-voting and voting Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Securities.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times use its best efforts to reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, for the purpose of effecting the conversion of Securities, the full number of shares of fully paid and nonassessable shares of Common Stock then issuable upon the conversion of all Outstanding Securities.
Appears in 1 contract