Corporation to Reserve Common Shares. The Corporation covenants with the Trustee that it will at all times reserve and keep available out of its authorized Common Shares (if the number thereof is or becomes limited), solely for the purpose of issue upon conversion of Debentures as in this Article provided, and conditionally allot to Debentureholders who may exercise their conversion rights hereunder, such number of Common Shares as shall then be issuable upon the conversion of all outstanding Debentures. The Corporation covenants with the Trustee that all Common Shares which shall be so issuable shall be duly and validly issued as fully-paid and non-assessable.
Corporation to Reserve Common Shares. The Corporation covenants with the Issuer and the Debenture Trustees that it will at all times reserve and keep available out of its authorized Common Shares (if the number thereof is or becomes limited), solely for the purpose of issue upon exchange of Debentures as provided in Article 6 or pursuant to a Change of Control Payment as provided in Article 8, and conditionally allot to Holders of Debentures or the Debenture Trustees, as applicable, such number of Common Shares as shall then be issuable upon such exchange or payment, as the case may be. The Corporation covenants with the Issuer and the Debenture Trustees that all Common Shares which shall be so issuable shall be duly and validly issued as fully-paid and non-assessable. The Corporation further covenants with the Issuer and the Debenture Trustees that it shall take all actions and do all things reasonably necessary or desirable (including, without limitation, cause the parties to the Exchange Agreement to perform their obligations thereunder) to enable and permit the Issuer, in accordance with applicable law, to perform its obligations hereunder to deliver the requisite number of Common Shares to Holders of Debentures or the Debenture Trustees, as applicable, upon the exercise of such exchange right and upon the exercise by the Issuer of its option to make a payment, in whole or in part, in Common Shares upon a Change of Control as provided in Section 8.9 hereof.
Corporation to Reserve Common Shares. The Corporation covenants that it will at all times reserve and keep available, free from preemptive rights, out of the aggregate of its authorized but unissued common shares, or its issued common shares held in its treasury, or both, for the purpose of effecting conversions of Notes, the full number of common shares then deliverable upon the conversion of all outstanding Notes not theretofore converted; and if at any time the number of authorized but unissued common shares shall not be sufficient to effect the conversion of all said outstanding Notes, the Corporation will take such corporate action as may in the opinion of its counsel be necessary to increase its authorized but unissued common shares to such number of shares as shall be sufficient for that purpose.
Corporation to Reserve Common Shares. VGZ covenants with the Noteholders that it will at all times reserve and keep available out of its authorized Common Shares, solely for the purpose of issue upon conversion of Notes as in this Article 3 provided, and conditionally allot to Noteholders who may exercise their conversion rights hereunder, such number of Common Shares as shall then be issuable upon the conversion of all outstanding Notes. VGZ covenants with the Noteholders that all Common Shares which shall be so issuable shall be duly and validly issued as fully paid and non-assessable Common Shares of VGZ.
Corporation to Reserve Common Shares. The Corporation shall at all times prior to the Purchase Contract Settlement Date reserve and keep available, free from preemptive rights, out of its authorized Common Shares the maximum number of Common Shares issuable against payment (including the maximum number of Make-Whole Shares issuable upon a Fundamental Change Early Settlement) in respect of all Purchase Contracts constituting a part of the Units evidenced by Outstanding Certificates. 106
