Common use of Company to Reserve Common Stock Clause in Contracts

Company to Reserve Common Stock. The Company shall reserve and keep available out of its authorized and unissued Common Stock, solely for issuance upon settlement or redemption of the Purchase Contracts, that number of shares of Common Stock as shall from time to time be issuable upon the settlement of all Outstanding Purchase Contracts, assuming settlement at the Maximum Number of Shares set forth in Section 5.02(e), subject to adjustment as set forth hereto.

Appears in 2 contracts

Samples: Purchase Contract Agreement, Purchase Contract Agreement (Dynegy Inc.)

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Company to Reserve Common Stock. The Company shall at all times reserve and keep available out of its authorized and but unissued Common Stock, solely for issuance upon settlement or redemption of the Purchase Contracts, that the number of shares of Common Stock as shall from time to time that would be issuable upon the settlement of all Outstanding Purchase ContractsContracts (whether or not included in a Unit), assuming settlement at the Maximum Number of Shares set forth in Section 5.02(e), subject to adjustment as set forth heretoSettlement Rate.

Appears in 2 contracts

Samples: Purchase Contract Agreement (Colfax CORP), Purchase Contract Agreement (International Flavors & Fragrances Inc)

Company to Reserve Common Stock. The Company shall at all times reserve and keep available out of its authorized and but unissued Common Stock, solely for issuance upon settlement or redemption of the Purchase Contracts, that number of shares of Common Stock as shall from time to time be issuable upon the settlement of all Outstanding Purchase ContractsContracts (whether or not included in a Unit), assuming settlement at the Maximum Number of Shares set forth in Section 5.02(e), subject to adjustment as set forth heretoSettlement Rate.

Appears in 2 contracts

Samples: Purchase Contract Agreement (MTS Systems Corp), Purchase Contract Agreement (Kindred Healthcare, Inc)

Company to Reserve Common Stock. The Company shall shall, at all times prior to the Purchase Contract Settlement Date, reserve and keep available available, free from preemptive rights, out of its authorized and but unissued Common Stock, solely for issuance upon settlement or redemption of Stock the Purchase Contracts, that maximum number of shares of Common Stock as shall from time to time be issuable against payment (including the maximum number of Make-Whole Shares issuable upon the settlement a Fundamental Change Early Settlement) in respect of all Purchase Contracts constituting a part of the Units evidenced by Outstanding Purchase Contracts, assuming settlement at the Maximum Number of Shares set forth in Section 5.02(e), subject to adjustment as set forth heretoCertificates.

Appears in 2 contracts

Samples: Purchase Contract and Pledge Agreement (Dte Energy Co), Purchase Contract and Pledge Agreement (Dte Energy Co)

Company to Reserve Common Stock. The Company shall at all times reserve and keep available out of its authorized and but unissued Common Stock, solely for issuance upon settlement or (if applicable) redemption of the Purchase Contracts, that the number of shares of Common Stock as shall from time to time that would be issuable upon the settlement of all Outstanding Purchase ContractsContracts (whether or not included in a Unit), assuming settlement at the Maximum Number of Shares set forth in Section 5.02(e), subject to adjustment as set forth heretoSettlement Rate.

Appears in 1 contract

Samples: Purchase Contract Agreement (Aqua America Inc)

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Company to Reserve Common Stock. The Company shall reserve and keep available out of its authorized and unissued Common Stock, solely for issuance upon settlement or redemption of the Purchase Contracts, that number of shares of Common Stock as shall from time to time be issuable upon the settlement of all Outstanding Purchase Contracts, assuming settlement at the Maximum Number of Shares set forth in Section 5.02(e), subject to adjustment as set forth hereto.

Appears in 1 contract

Samples: Purchase Contract Agreement (Post Holdings, Inc.)

Company to Reserve Common Stock. The Company shall at all times reserve and keep available out of its authorized and unissued Common Stock, solely for issuance upon settlement or redemption of the Purchase Contracts, that number of shares of Common Stock as shall from time to time be issuable upon the settlement of all Outstanding Purchase Contracts, assuming settlement at the Maximum Number of Shares set forth in Section 5.02(e), subject to adjustment as set forth hereto.

Appears in 1 contract

Samples: Purchase Contract Agreement (Forestar Group Inc.)

Company to Reserve Common Stock. The Company shall shall, at all times that any Purchase Contracts remain Outstanding, reserve and keep available out of its authorized and unissued Common Stock, solely for issuance upon settlement or redemption of the Purchase Contracts, that number of shares of Common Stock as shall from time to time be issuable upon the settlement of all Outstanding Purchase Contracts, assuming settlement at the Maximum Number of Shares set forth in Section 5.02(e), subject to adjustment as set forth hereto.

Appears in 1 contract

Samples: Purchase Contract Agreement (McDermott International Inc)

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