Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding Certificates.
Appears in 91 contracts
Samples: Purchase Contract Agreement (Widepoint Corp), Purchase Contract Agreement (PPL Energy Supply LLC), Agent Purchase Contract Agreement (Great Plains Energy Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.
Appears in 58 contracts
Samples: Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.
Appears in 24 contracts
Samples: Purchase Contract Agreement (Northwest Natural Gas Co), Purchase Contract Agreement (Ameren Capital Trust Ii), Purchase Contract Agreement (Boise Cascade Corp)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Final Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding Security Certificates.
Appears in 13 contracts
Samples: Stock Purchase Contract Agreement (Ccci Capital Trust Iii), Pledge Agreement (Allied Waste North America Inc/De/), Form of Purchase Contract Agreement (Ferro Corp)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full maximum number of shares of Common Stock issuable against tender payment (including the maximum number of payment Make-Whole Shares issuable upon a Fundamental Change Early Settlement) in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.
Appears in 12 contracts
Samples: Purchase Contract and Pledge Agreement (South Jersey Industries Inc), Purchase Contract and Pledge Agreement (Spire Inc), Purchase Contract and Pledge Agreement (American Electric Power Co Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding CertificatesCertificates (including the maximum number of Make-Whole Shares).
Appears in 6 contracts
Samples: Purchase Contract and Pledge Agreement (Nisource Inc.), Purchase Contract and Pledge Agreement (Nisource Inc.), Purchase Contract and Pledge Agreement (Aes Corp)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of underlying the Securities evidenced by Outstanding CertificatesUnits.
Appears in 6 contracts
Samples: Master Unit Agreement (Monsanto Co), Master Unit Agreement (CMS Energy Corp), Master Unit Agreement (Monsanto Co)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full maximum number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.
Appears in 5 contracts
Samples: Purchase Contract Agreement (Unumprovident Corp), Purchase Contract Agreement (Unumprovident Corp), Purchase Contract Agreement (Household International Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Forward Purchase Contracts constituting a part of the Securities Equity Units and Stripped Equity Units evidenced by Outstanding outstanding Certificates.
Appears in 4 contracts
Samples: Forward Purchase Contract Agreement (American Electric Power Co Inc), Forward Purchase Contract Agent (American Electric Power Co Inc), Forward Purchase Contract Agreement (American Electric Power Co Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued shares of Common Stock the full maximum number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.
Appears in 4 contracts
Samples: Purchase Contract Agreement (Amerigroup Corp), Purchase Contract Agreement (Amerigroup Corp), Purchase Contract Agreement (Dqe Capital Corp)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable (x) against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding CertificatesCertificates and (y) in payment of Deferred Contract Adjustment Payments, if any, owed by the Company to the Holders.
Appears in 4 contracts
Samples: Purchase Contract Agreement (MCN Corp), Purchase Contract Agreement (American Heritage Life Investment Corp), Purchase Contract Agreement (Owens Corning Capital Ii)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Mandatory Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock Stock, solely for issuance upon settlement of the full Purchase Contracts, that number of shares of Common Stock as shall from time to time be issuable against tender of payment in respect upon the settlement of all Outstanding Purchase Contracts constituting (whether or not included in a part of Unit), assuming settlement at the Securities evidenced by Outstanding CertificatesMaximum Settlement Rate.
Appears in 4 contracts
Samples: Purchase Contract Agreement (Beazer Homes Usa Inc), Purchase Contract Agreement (Ally Financial Inc.), Purchase Contract Agreement (Beazer Homes Usa Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued shares of Common Stock the full maximum number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities PIES evidenced by Outstanding Certificates.
Appears in 3 contracts
Samples: Purchase Contract Agreement (Sierra Pacific Resources /Nv/), Purchase Contract Agreement (Sierra Pacific Resources /Nv/), Purchase Contract Agreement (Sierra Pacific Resources)
Company to Reserve Common Stock. The Company shall at all times prior to the Subsequent Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock then issuable against tender of payment in respect of all Stock Purchase Contracts constituting a part of the Securities Common Equity Units evidenced by Outstanding Certificates.
Appears in 3 contracts
Samples: Stock Purchase Contract Agreement (Metlife Inc), Stock Purchase Contract Agreement (Metlife Inc), Stock Purchase Contract Agreement (Metlife Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Forward Purchase Contracts constituting a part of the Securities Equity Units and Stripped Units evidenced by Outstanding outstanding Certificates.
Appears in 3 contracts
Samples: Forward Purchase Contract Agreement (American Electric Power Co Inc), Forward Purchase Contract Agreement (Aep Capital Trust Iii), Forward Purchase Contract Agreement (American Electric Power Co Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Second Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding Certificates.
Appears in 3 contracts
Samples: Purchase Contract Agreement (Texas Utilities Co /Tx/), Purchase Contract Agreement (Texas Utilities Co /Tx/), Purchase Contract Agreement (Txu Corp /Tx/)
Company to Reserve Common Stock. The Company shall at all times prior to the Third Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock then issuable against tender of payment in respect of all Stock Purchase Contracts constituting a part of the Securities evidenced by Outstanding CertificatesCommon Equity Units.
Appears in 3 contracts
Samples: Stock Purchase Contract Agreement (Metlife Inc), Pledge Agreement (American International Group Inc), Pledge Agreement (Metlife Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Final Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable (x) against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding CertificatesSecurity Certificates and (y) in payment of Deferred Yield Enhancement Payments, if any, owed by the Company to the Holders.
Appears in 3 contracts
Samples: Purchase Contract Agreement (Medpartners Inc), Purchase Contract Agreement (CMS Energy Trust Ii), Purchase Contract Agreement (Aes Trust Iii)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Forward Purchase Contracts constituting a part of the Securities DECS evidenced by Outstanding outstanding Certificates.
Appears in 2 contracts
Samples: Forward Purchase Contract Agreement (Capital One Financial Corp), Forward Purchase Contract Agreement (Solutia Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding Certificates. SECTION 10.4.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding CertificatesCertificates without giving effect to any changes in the number of such shares due to Sections 5.6 and 5.7.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Toys R Us Inc), Purchase Contract Agreement (Toys R Us Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Forward Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Forward Purchase Contracts constituting a part of the Securities evidenced by Outstanding Certificates.
Appears in 2 contracts
Samples: Forward Purchase Contract Agreement (Cendant Corp), Forward Purchase Contract Agreement (Provident Financial Group Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or treasury Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Equity Security Units and Stripped Equity Security Units evidenced by Outstanding outstanding Certificates.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Dte Energy Co), Purchase Contract Agreement (Dte Energy Co)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Warrant Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts Warrants constituting a part of the Securities evidenced by Outstanding Certificates.
Appears in 2 contracts
Samples: Warrant Agreement (Citizens Communications Co), Warrant Agreement (Citizens Communications Co)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Mandatory Settlement Date reserve and keep available, free from preemptive rightsrights or other encumbrances, out of its authorized but unissued Common Stock Stock, solely for issuance upon settlement of the full Purchase Contracts, that number of shares of Common Stock as shall from time to time be issuable against tender of payment in respect upon the settlement of all Outstanding Purchase Contracts constituting (whether or not included in a part of Unit), assuming settlement at the Securities evidenced by Outstanding CertificatesMaximum Settlement Rate.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Wintrust Financial Corp), Purchase Contract Agreement (Synovus Financial Corp)
Company to Reserve Common Stock. The Company shall at all times prior to the third Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock then issuable against tender of payment in respect of all Stock Purchase Contracts constituting a part of the Securities Equity Units evidenced by Outstanding outstanding Certificates.
Appears in 2 contracts
Samples: Purchase Contract Agreement (American International Group Inc), Purchase Contract Agreement (American International Group Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full maximum number of shares of Common Stock issuable against tender payment (including the maximum number of payment Make-Whole Shares issuable upon a Fundamental Change Early Settlement) in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.. 104
Appears in 2 contracts
Samples: Series a Purchase Contract and Pledge Agreement (Dominion Resources Inc /Va/), Series a Purchase Contract and Pledge Agreement (Dominion Resources Inc /Va/)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of represented by the Securities Units evidenced by Outstanding Certificates.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Chubb Corp), Purchase Contract Agreement (Chubb Corp)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full maximum number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Lazard Group Finance LLC), Purchase Contract Agreement (Lazard LTD)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Final Settlement Date or an applicable Acceleration Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding Security Certificates.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Sunamerica Inc), Purchase Contract Agreement (Household International Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Equity Security Units and Stripped Units evidenced by Outstanding outstanding Certificates.
Appears in 2 contracts
Samples: Purchase Contract Agreement (El Paso Corp/De), Purchase Contract Agreement (El Paso Corp/De)
Company to Reserve Common Stock. The Company shall at all times prior to before the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding Certificates.
Appears in 1 contract
Samples: Purchase Contract Agreement (Dominion Resources Capital Trust Iv)
Company to Reserve Common Stock. The Company shall at all times that the Purchase Contracts remain outstanding prior to the Purchase Contract Mandatory Settlement Date reserve and keep available, free from preemptive rightsrights or other encumbrances, out of its authorized but unissued Common Stock Stock, solely for issuance upon settlement of the full Purchase Contracts, that number of shares of Common Stock as shall from time to time be issuable against tender of payment in respect upon the settlement of all Outstanding Purchase Contracts constituting (whether or not included in a part of Unit), assuming settlement at the Securities evidenced by Outstanding CertificatesMaximum Settlement Rate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Banc of California, Inc.)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of underlying the Securities evidenced by Outstanding Certificates.Units. -52- 58
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full maximum number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.
Appears in 1 contract
Samples: Purchase Contract and Pledge Agreement (United Technologies Corp /De/)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Final Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full maximum number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of underlying the Securities evidenced by Outstanding CertificatesUnits (assuming for this purpose that the Settlement Price is the Initial Stock Price).
Appears in 1 contract
Samples: Master Unit Agreement (Southern Co)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Final Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable (x) against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding CertificatesSecurity Certificates and (y) in payment of Deferred Contract Fees, if any, owed by the Company to the Holders.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued unis- sued Common Stock the full number of shares of Common Stock issuable (x) against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding CertificatesCertificates and (y) in payment of Deferred Contract Adjustment Payments, if any, owed by the Company to the Holders.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Warrant Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of Warrants represented by the Securities Units evidenced by Outstanding Certificates.
Appears in 1 contract
Samples: Warrant Agreement (Chubb Corp)
Company to Reserve Common Stock. 45 51 The Company shall at all times prior to the Purchase Contract Final Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable (x) against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding CertificatesSecurity Certificates and (y) in payment of Deferred Yield Enhancement Payments, if any, owed by the Company to the Holders.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full maximum number of shares of Common Stock issuable against tender payment (including the maximum number of payment Make-Whole Shares issuable upon a Fundamental Change Early Settlement) in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.. 101
Appears in 1 contract
Samples: Purchase Contract and Pledge Agreement (Black Hills Corp /Sd/)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding Certificates.. 71
Appears in 1 contract
Samples: Purchase Contract Agreement (Pp&l Capital Funding Inc)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable (x) against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding CertificatesCertificates and (y) in payment of Deferred Contract Adjustment Payments, if any, owed by the Company to the Holders. Section 10.4.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding Certificates.unissued
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or treasury Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Upper DECS and Stripped DECS evidenced by Outstanding outstanding Certificates.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Mandatory Settlement Date reserve and keep available, free from preemptive rightsrights or other encumbrances, out of its authorized but unissued Common Stock Stock, solely for issuance upon settlement of the full Purchase Contracts, that number of shares of Common Stock as shall from time to time be issuable against tender of payment in respect upon the settlement of all Outstanding Purchase Contracts constituting (whether or not included in a part of tMEDS), assuming settlement at the Securities evidenced by Outstanding CertificatesMaximum Settlement Rate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Thompson Creek Metals CO Inc.)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.. 77 DB1/ 148045032.3
Appears in 1 contract
Samples: Purchase Contract Agreement (Florida Power & Light Co)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding CertificatesHiMEDS Units.
Appears in 1 contract
Samples: Purchase Contract and Pledge Agreement (Avery Dennison Corporation)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full maximum number of shares of 105 Common Stock issuable against tender payment (including the maximum number of payment Make-Whole Shares issuable upon a Fundamental Change Early Settlement) in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by Outstanding Certificates.
Appears in 1 contract
Samples: Purchase Contract and Pledge Agreement (Southern Co)
Company to Reserve Common Stock. The Company shall at all times prior to the Share Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Share Purchase Contracts constituting a part of the Securities evidenced by Outstanding Certificates.
Appears in 1 contract
Samples: Share Purchase Contract Agreement (Firstenergy Corp)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued shares of Common Stock the full maximum number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities PIES evidenced by Outstanding Certificates.. 71
Appears in 1 contract
Samples: Purchase Contract Agreement (Sierra Pacific Resources Capital Trust Ii)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities HiMEDS Units evidenced by Outstanding Certificates.
Appears in 1 contract
Samples: Purchase Contract and Pledge Agreement (Bankunited Financial Corp)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Mandatory Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect upon settlement of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding CertificatesSecurities.
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times prior to the Fixed-Share Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Fixed-Share Purchase Contracts constituting a part of the Securities evidenced by Outstanding Certificates.. 66
Appears in 1 contract
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Purchase Contracts constituting a part of the Securities Units evidenced by then-Outstanding CertificatesCertificates (including the maximum number of Make-Whole Shares).
Appears in 1 contract
Samples: Purchase Contract and Pledge Agreement (Ugi Corp /Pa/)
Company to Reserve Common Stock. The Company shall at all times prior to the Stock Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable against tender of payment in respect of all Stock Purchase Contracts constituting a part of the Securities Common SPACES evidenced by Outstanding Certificates.
Appears in 1 contract
Samples: Stock Purchase Contract Agreement (Marshall & Ilsley Corp/Wi/)
Company to Reserve Common Stock. The Company shall at all times prior to the Purchase Contract Final Settlement Date or an applicable Acceleration Date reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock the full number of shares of Common Stock issuable (x) against tender of payment in respect of all Purchase Contracts constituting a part of the Securities evidenced by Outstanding CertificatesSecurity Certificates and (y) in payment of Deferred Contract Fees, if any, owed by the Company to the Holders.
Appears in 1 contract
Samples: Purchase Contract Agreement (Sunamerica Capital Trust Vi)
