Common use of Company to Reserve Stock Clause in Contracts

Company to Reserve Stock. Registration; Listing. ------------------------------------------------ (a) 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 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 applicable outstanding securities into such Common Stock at any time (assuming that, at the time of the computation of such number of shares or securities, all such Securities would be hold by a single holder); provided, however, that nothing contained herein shall preclude the Company from satisfying its obligations in respect of the conversion of the Securities by delivery of purchased shares of Common Stock which are held in the treasury of the Company. The Company shall from time to time, in accordance with the laws of the State of Delaware, use its best efforts to cause the authorized amount of the Common Stock to be increased if the aggregate of the authorized amount of the Common Stock remaining unissued and the issued shares of such Common Stock in its treasury (other than any such shares reserved for issuance in any other connection) shall not be sufficient to permit the conversion of all Securities. (b) If any shares of Common Stock which would be issuable upon conversion of Securities hereunder require registration with or approval of any governmental authority before such shares or securities may be issued upon such conversion, the Company will in good faith and as expeditiously as possible endeavor to cause such shares or securities to be duly registered or approved, as the case may be. The Company will endeavor to list the shares of Common Stock required to be delivered upon conversion of the Securities prior to such delivery upon the principal national securities exchange upon which the outstanding Common Stock is listed at the time of such delivery.

Appears in 2 contracts

Samples: Indenture (Hanover Compressor Co /), Indenture (Hanover Compressor Co /)

AutoNDA by SimpleDocs

Company to Reserve Stock. RegistrationREGISTRATION; Listing. ------------------------------------------------LISTING. (a) The Company shall shall, in accordance with the laws of the State of Florida, 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 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 applicable Securities then outstanding securities into such Common Stock at any time (assuming that, at the time of the computation of such number of shares or securities, all such Securities would be hold held by a single holderHolder); provided, however, that nothing contained herein shall preclude the Company from satisfying its obligations in respect of the conversion of the Securities by delivery of purchased shares of Common Stock which are then held in the treasury of the Company. The Company shall from time to time, in accordance with the laws covenants that all shares of the State of Delaware, use its best efforts to cause the authorized amount of the Common Stock to which may be increased if the aggregate of the authorized amount of the Common Stock remaining unissued and the issued shares of such Common Stock in its treasury (other than any such shares reserved for issuance in any other connection) shall not be sufficient to permit the upon conversion of Securities will upon issue be fully paid and nonassessable and free from all Securitiesliens and charges and, except as provided in Section 9.8, taxes with respect to the issue thereof. (b) If any shares of Common Stock which would be issuable upon conversion of Securities hereunder require registration with or approval of any governmental authority before such shares or securities may be issued upon such conversion, the Company will in good faith and as expeditiously as possible endeavor to cause such shares or securities to be duly registered or approved, as the case may be. The Company further covenants that so long as the Common Stock shall be listed on the Nasdaq Stock Market, the Company will, if permitted by the rules of such exchange, list and keep listed all Common Stock issuable upon conversion of the Securities, and the Company will endeavor to list the shares of Common Stock required to be delivered upon conversion of the Securities prior to such delivery upon the principal any other national securities exchange upon which the outstanding Common Stock is listed at the time of such delivery.

Appears in 1 contract

Samples: Indenture (Artesyn Technologies Inc)

Company to Reserve Stock. Registration; Listing. ------------------------------------------------ (a) The Company shall shall, in accordance with the laws of the State of Delaware, 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 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 applicable outstanding securities Securities then Outstanding into such Common Stock at any time (assuming that, at the time of the computation of such number of shares or securities, all such Securities would be hold held by a single holderHolder); provided, however, that nothing contained herein shall preclude the Company from -------- ------- satisfying its obligations in respect of the conversion of the Securities by delivery of purchased shares of Common Stock which are then held in the treasury of the Company. The Company shall from time to time, in accordance with the laws covenants that all shares of the State of Delaware, use its best efforts to cause the authorized amount of the Common Stock to which may be increased if the aggregate of the authorized amount of the Common Stock remaining unissued and the issued shares of such Common Stock in its treasury (other than any such shares reserved for issuance in any other connection) shall not be sufficient to permit the upon conversion of Securities will upon issue be fully paid and nonassessable and free from all Securitiesliens and charges and, except as provided in Section 10.8, taxes with respect to the issue thereof. (b) If any shares of Common Stock which would be issuable upon conversion of Securities hereunder require registration with or approval of any governmental authority before such shares or securities may be issued upon such conversion, the Company will in good faith and as expeditiously as possible endeavor to cause such shares or securities to be duly registered or approved, as the case may be. The Company further covenants that so long as the Common Stock shall be listed on the New York Stock Exchange, the Company will, if permitted by the rules of such exchange, list and keep listed all Common Stock issuable upon conversion of the Securities, and the Company will endeavor to list the shares of Common Stock required to be delivered upon conversion of the Securities prior to such delivery upon the principal any other national securities exchange upon which the outstanding Common Stock is listed at the time of such delivery.

Appears in 1 contract

Samples: Indenture (Pmi Group Inc)

Company to Reserve Stock. Registration; Listing. ------------------------------------------------. (a) The Company shall at all times prior to the Conversion Date reserve and keep make available, free from preemptive rights, out of its authorized but unissued shares of Common StockStock (and/or treasury shares), for the purpose of effecting the conversion of the SecuritiesNotes, such number of its duly authorized shares of Common Stock as shall from time to time be sufficient to effect the conversion of all applicable outstanding securities Notes into such Common Stock at any time the Conversion Date (assuming that, at the time of the computation of such number of shares or securities, all such Securities the Notes would be hold held by a single holderHolder); provided, however, that nothing contained herein shall preclude the Company from satisfying its obligations in respect of the conversion of the Securities Notes by delivery of purchased shares of Common Stock which are held in the treasury of the Company. The Company shall from time prior to timethe Conversion Date, in accordance with the laws of the State of Delaware, use its best efforts to cause the authorized amount of the Common Stock to be increased if the aggregate of the authorized amount of the Common Stock remaining unissued and the issued shares of such Common Stock in its treasury (other than any such shares reserved for issuance in any other connection) shall not be sufficient to permit the conversion of all SecuritiesNotes. (b) If any shares of Common Stock which would be issuable upon conversion of Securities Notes hereunder require registration with or approval of any governmental authority before such shares or securities may be issued upon such conversion, the Company will in good faith and as expeditiously as possible endeavor to cause such shares or securities to be duly registered or approved, as the case may be. The Company will endeavor to list the shares of Common Stock required to be delivered upon conversion of the Securities Notes prior to such delivery upon the principal national or regional securities exchange exchange, if any, upon which the outstanding Common Stock is listed on the Nasdaq National Market, if applicable, at the time of such delivery.

Appears in 1 contract

Samples: Indenture (Timco Engine Center Inc)

AutoNDA by SimpleDocs

Company to Reserve Stock. RegistrationREGISTRATION; Listing. ------------------------------------------------LISTING. (a) The Company shall at all times shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve and keep available, free from preemptive rights, out of its authorized but unissued shares of Common StockOrdinary Shares, for the purpose of effecting the conversion of the Securities, such number of its duly authorized shares of Common Stock Ordinary Shares as shall from time to time be sufficient to effect the conversion of all applicable Securities then outstanding securities into such Common Stock Ordinary Shares at any time (assuming that, at the time of the computation of such number of shares or securitiesOrdinary Shares, all such Securities would be hold held by a single holderHolder); provided, however, that nothing contained herein shall preclude the Company from satisfying its obligations in respect of the conversion of the Securities by delivery of purchased shares of Common Stock which are held in the treasury of the Company. The Company shall from time to time, in accordance with the laws of the State of Delaware, use its best efforts to cause the authorized amount of the Common Stock to covenants that all Ordinary Shares which may be increased if the aggregate of the authorized amount of the Common Stock remaining unissued and the issued shares of such Common Stock in its treasury (other than any such shares reserved for issuance in any other connection) shall not be sufficient to permit the upon conversion of Securities will upon issue be fully paid and nonassessable and free from all Securitiesliens and charges and, except as provided in Section 12.8, taxes with respect to the issue thereof. (b) If any shares of Common Stock Ordinary Shares which would be issuable upon conversion of Securities hereunder require registration with or approval of any governmental authority before such shares or securities may be issued upon such conversion, the Company will in good faith and as expeditiously as possible endeavor use its reasonable best efforts to cause such shares or securities to be duly registered or approved, as the case may be. The Company further covenants that so long as the Ordinary Shares shall be listed on the NYSE, the Company will endeavor use its reasonable best efforts, if permitted by the rules of the NYSE, to list and keep listed all Ordinary Shares issuable upon conversion of the Securities, and the Company will use its reasonable best efforts to list the shares of Common Stock required Ordinary Shares to be delivered upon conversion of the Securities prior to such delivery upon the principal any other national securities exchange upon which the outstanding Common Stock Ordinary Shares is listed at the time of such delivery.

Appears in 1 contract

Samples: Indenture (Scottish Annuity & Life Holdings LTD)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!