Common use of Covenant as to Common Stock Clause in Contracts

Covenant as to Common Stock. 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, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as provided in Section 12.814.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as provided in Section 12.815.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue be fully paid and nonassessable and, except as provided in Section 12.810.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Debentures, including interest, additional shares of Common Stock and penalties, will upon issue be fully paid and nonassessable and, except as provided in Section 12.8, and the Company will pay all taxes, liens and charges with that may be payable in respect to of the issue thereofor delivery of shares of Common Stock on conversion of Debentures pursuant hereto.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue be fully paid and nonassessable and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be validly issued, fully paid and nonassessable and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereofnon assessable.

Covenant as to Common Stock. 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, except as provided in Section 12.81308, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as provided in Section 12.813.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as provided in Section 12.81409, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Securities will upon issue be fully paid and nonassessable and, except as provided in Section 12.812.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon on conversion of Securities will upon on issue be fully paid and nonassessable and, except as provided in Section 12.813.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Series 2000-A Preferred Stock, including interest, additional shares of Common Stock and penalties, will upon issue be fully paid and nonassessable and, except as provided in Section 12.8, and the Company will pay all taxes, liens and charges with that may be payable in respect to of the issue thereofor delivery of shares of Common Stock on conversion of Series 2000-A Preferred Stock pursuant hereto.

Covenant as to Common Stock. The Company covenants that all shares --------------------------- of Common Stock which may be issued upon conversion of Securities the Note will upon issue issuance be fully paid and nonassessable and, except as provided in Section 12.89.9, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Convertible Notes will upon issue be validly issued, fully paid and nonassessable and, except will rank equally and be of the same class as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to shares of Common Stock outstanding on the issue thereofconversion date.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued against tender of payment in respect of any Purchase Contract constituting a part of the Outstanding Securities and in payment of any Deferred Yield Enhancement Payments will, upon conversion of Securities will upon issue issuance, be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued delivered upon conversion of Securities will be validly issued shares and upon issue be such delivery, will have been fully paid and nonassessable and, except as provided in Section 12.812.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will shall upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 12.813.07, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Securities Debentures will upon issue be fully paid and nonassessable non-assessable and, except as provided in Section 12.811.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as provided in Section 12.815.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Securities will upon issue be fully paid and nonassessable and, except as provided in Section 12.816.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Securities will upon issue be fully paid and nonassessable and, except as provided in Section 12.817.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as provided in Section 12.813.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as provided in Section 12.815.09, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that --------------------------- all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue be fully paid and nonassessable and, except as provided in Section 12.810.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Debentures will upon issue be fully paid and nonassessable and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants ---------------------------- that all shares of Common Stock which may be issued upon conversion of Securities Debentures will upon issue be duly and validly issued and fully paid and nonassessable and, except as provided in Section 12.812.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Debentures, including interest, additional shares of Common Stock and penalties, will upon issue be fully paid and nonassessable and, except as provided in Section 12.8, non assessable and the Company will pay all taxes, liens and charges with that may be payable in respect to of the issue thereofor delivery of shares of Common Stock on conversion of Debentures pursuant hereto.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities the Note and for the sale pursuant to the Stock Purchase Agreement will upon issue issuance be fully paid and nonassessable and, except as provided in Section 12.812.8 hereof, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Debentures will upon issue be fully paid and nonassessable and, except as provided in Section 12.85.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities the Note will upon issue issuance be fully paid and nonassessable and, except as provided in Section 12.89.7 hereof, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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 non- assessable and, except as provided in Section 12.81308, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as provided in Section 12.81208, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued delivered upon conversion of Securities will be validly issued shares and upon issue be such delivery, will have been fully paid and nonassessable and, except as provided in Section 12.812.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue be fully paid and nonassessable and, except as provided in Section 12.810.08, the Company Issuers will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Debentures will upon issue be duly and validly issued and fully paid and nonassessable and, except as provided in Section 12.812.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue be fully paid and nonassessable and, except as provided in Section 12.85.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be duly and validly issued and fully paid and nonassessable and, except as provided in Section 12.812.09, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue issuance be fully paid and nonassessable and, except as provided in Section 12.8, and that the Company will pay all taxes, liens and charges with respect to the issue issuance thereof, except (1) as provided in Section 12.8 or (2) with respect to any liens or charges created by or imposed upon such Common Stock by the Holder of the Security or Securities to be converted.

Covenant as to Common Stock. 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, except as provided in Section 12.81309, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue be fully paid and nonassessable and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Securities Debentures will upon issue be fully paid and nonassessable and, except as provided in Section 12.817.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as provided in Section 12.81308, the Company will pay all taxestaxes or duties, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as The Company covenants that if any shares of Common Stock to be provided in Section 12.8for the purpose of conversion of Securities hereunder require registration with or approval of any governmental authority under any Federal or State law before such shares may be validly delivered upon conversion, the Company will pay all taxesin good faith and as expeditiously as possible endeavor to secure such registration or approval, liens and charges with respect to as the issue thereofcase may be.

Covenant as to Common Stock. 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, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable. SECTION 1510.

Covenant as to Common Stock. The Company covenants --------------------------- that all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue be fully paid and nonassessable and, except as provided in Section 12.810.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue be fully paid and nonassessable and, except as provided in Section 12.810.08, the Company will pay all taxes, liens Liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue be fully paid and nonassessable and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.

Covenant as to Common Stock. 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, except as provided in Section 12.812.9, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. 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, except as provided in Section 12.81609, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be validly issued, fully paid and nonassessable and, except nonassessable. The Company further covenants that for so long as provided in Section 12.8the Common Stock shall be listed on the New York Stock Exchange or any other national securities exchange, the Company will pay will, if permitted by the rules of such exchange, list and keep listed all taxes, liens and charges with respect to Common Stock issuable upon conversion of the issue thereof.Securities. 77

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue issuance be fully paid and nonassessable and, except as provided in Section 12.8, and that the Company will pay all taxes, liens and charges with respect to the issue issuance thereof, except (1) as provided in Section 12(i) or (2) with respect to any liens or charges created by or imposed upon such Common Stock by the Holder of the Securities to be converted.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue be validly issued, fully paid and nonassessable and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.

Covenant as to Common Stock. 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, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.as

Covenant as to Common Stock. 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, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities the Note will upon issue such conversion and issuance be fully paid and nonassessable and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.