Common use of Company to Reserve Common Stock Clause in 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 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.)

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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

Samples: Indenture (Cv Therapeutics Inc), Cyberonics 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 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)

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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

Samples: Indenture (Personnel Group of America 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 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

Samples: Supplemental Indenture (Castle a M & Co)

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

Samples: Indenture (Integrated Physician Systems 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 (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

Samples: First Supplemental Indenture (Inacom 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____% Debentures, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Securities____% Debentures.

Appears in 1 contract

Samples: First Supplemental Indenture (Inacom 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 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

Samples: Revolving Credit Agreement (PLD Telekom 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 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

Samples: Senior Note Agreement (Dynex Capital 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 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

Samples: Indenture (First American Financial Corp)

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