Corporation to Reserve Shares. The Corporation covenants with the Trustee that it will at all times reserve and keep available out of its authorized Shares, solely for the purpose of issue upon conversion of Debentures as in this Article 5 provided, and conditionally allot to Debentureholders who may exercise their conversion rights hereunder, such number of Shares as shall then be issuable upon the conversion of all outstanding Debentures. The Corporation covenants with the Trustee that all Shares which shall be so issuable shall be duly and validly issued and, subject to Section 5.1(a), Freely Tradeable.
Corporation to Reserve Shares. The Corporation covenants with the Trustee and Debentureholders that it will at all times reserve and keep available out of its authorized Shares (if the number thereof is or becomes limited), solely for the purpose of issue upon conversion of Debentures as provided in this Article 4, and conditionally allot to Debentureholders who may exercise their conversion rights hereunder, such number of Shares as shall then be issuable upon the conversion of all outstanding Debentures. The Corporation covenants with the Trustee that all Shares which shall be so issuable shall be duly and validly issued as fully-paid and non-assessable.
Corporation to Reserve Shares. The Corporation covenants with the Holder 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 this Debenture as in this section 1 provided, such number of Common Shares as shall then be issuable upon the conversion in whole of this Debenture. The Corporation covenants with the Holder that all Common Shares which shall be so issuable shall be duly and validly issued as fully paid and non-assessable.
Corporation to Reserve Shares. The Corporation covenants 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 Notes as provided herein, and allot for issue 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. All Common Shares which shall be so issuable shall be duly and validly issued as fully paid and non-assessable.
Corporation to Reserve Shares. LIMITATIONS ON CONVERSION --------------------------------------------------------
(1) Subject to subsection 4.6(2), the Corporation covenants 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 Notes as provided herein, and allot for issue 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. All Common Shares which shall be so issuable shall be duly and validly issued as fully paid and non-assessable.
(2) The conversion and exercise rights of the Holders set forth herein and in the Warrant Indenture shall be limited, solely to the extent required, from time to time, such that in no instance shall the maximum number of Common Shares which the Holders (singularly, together with any persons who in the determination of such Holders, together with such Holders, constitute a group determined in accordance with Rule 13d-5 of the Securities Exchange Act of 1934, as amended (the "Exchange Act")) may receive, in respect of any conversion of the Notes, or exercise of the Warrants, exceed, at any one time, an amount equal to the remainder of (i) 4.99% of the then issued and outstanding Common Shares following such conversion or exercise minus (ii) the number of Common Shares then owned by the Holders (but exclusive of any Common Shares deemed beneficially owned due to ownership of the Warrants) (the foregoing being herein referred to as the "Limitation on Conversion"); provided, however, that if ten Business Days have elapsed since the occurrence of an Event of Default and the Company shall not have cured such Event of Default, the provisions of this subsection 4.6(2) shall be null and void from and after the date of such Event of Default. The Corporation shall, promptly upon its receipt of a conversion notice tendered by a Holder (or its sole designee), and upon its receipt of a notice of exercise under the terms of the Warrants, notify such Holder by facsimile of the number of Common Shares outstanding on such date and the number of Common Shares which would be issuable to such Holder if the conversion requested in such conversion notice or exercise requested in such exercise notice were effected in full, whereupon, notwithstanding anything to the contrary set forth in this Indenture and/or a Note certificate, such Holde...
Corporation to Reserve Shares. 29 4.8 Corporation to Qualify Shares.......................................................30 4.9 Taxes and Charges on Conversion.....................................................30 4.10 Cancellation of Converted Debentures................................................30 4.11 Certificate as to Adjustment........................................................30 4.12
Corporation to Reserve Shares. The Corporation covenants with the Note Trustee that it will at all times reserve and keep available out of its authorized Shares, solely for the purpose of issue upon conversion of Notes as provided in this Article 5, and conditionally allot to Noteholders who may exercise their conversion rights hereunder, such number of Shares as shall then be issuable upon the conversion of all outstanding Notes. The Corporation covenants with the Note Trustee that all Shares which shall be so issuable shall be duly and validly issued as fully-paid, non-assessable Freely-Tradeable Shares.
Corporation to Reserve Shares. The Corporation covenants that it will at all times reserve and keep available out of its authorized Subordinate Voting Shares (if the number thereof is or becomes limited) solely for the purpose of issue upon conversion of Debentures as provided herein, and conditionally allot to Debentureholders who may exercise their conversion rights hereunder, such number of Subordinate Voting Shares as shall then be issuable upon the conversion of all outstanding Debentures. The Corporation covenants with the Trustee that all Subordinate Voting Shares which shall be so issuable shall be duly and validly issued as fully paid and non-assessable and shall be listed and posted for trading on each stock exchange on which the Subordinate Voting Shares are then listed.
Corporation to Reserve Shares. 50 12.6 Taxes and Charges on Conversion . . . . . . . . . . . . . . . 51 12.7
Corporation to Reserve Shares. Section 6.7 Cancellation of Converted Debentures Section 6.8 Certificate as to Adjustment Section 6.9 Notice of Special Matters Section 6.10 Protection of Trustee
