Common use of Company to Reserve Stock; Registration; Listing Clause in Contracts

Company to Reserve Stock; Registration; Listing. (a) The Company shall from time to time 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 the Securities, such number of its duly authorized shares of Common Stock as shall from time to time be sufficient to effect the conversion of all Securities then outstanding at any time (assuming that the Company elects to deliver solely shares of Common Stock to satisfy the Net Share Amount for all conversions). The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be fully paid and nonassessable and free from all liens and charges and, except as provided in Section 4.08, taxes with respect to the issue thereof.

Company to Reserve Stock; Registration; Listing. (a) The Company shall from time to time 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 the Securities, such number of its duly authorized shares of Common Stock as shall from time to time be sufficient to effect the conversion of all Securities then outstanding at any time (assuming that the Company elects to deliver solely shares of Common Stock to satisfy the Net Share Amount for all conversions). The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be fully paid and nonassessable and free from all liens and charges and, except as provided in Section 4.080, taxes with respect to the issue thereof.