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 newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 8 contracts

Samples: Indenture (Affymetrix Inc), Indenture (Seacor Holdings Inc), Indenture (Affymetrix Inc)

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Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Securities will shall upon issue be newly issued (and not treasury shares) and shall be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.0812.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.

Appears in 5 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Triquint Semiconductor Inc)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued delivered upon conversion of Securities will upon issue be newly issued (shares, upon such delivery, will have been duly authorized and not treasury shares) validly issued and will be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.0813.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 4 contracts

Samples: Indenture (MRV Communications Inc), Indenture (Genesco Inc), Indenture (Homebase Inc)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Securities will Notes shall upon issue be newly issued (and not treasury shares) and shall be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.0812.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.

Appears in 4 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)

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 newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.0811.11, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 3 contracts

Samples: Indenture (Prime Succession Holdings Inc), Indenture (Prime Succession Holdings Inc), Indenture (Prime Succession Holdings Inc)

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 newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable non-assessable and, except as provided in Section 13.0811.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 3 contracts

Samples: Indenture (Cross Timbers Oil Co), Indenture (Basin Exploration Inc), Indenture (Hs Resources Inc)

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 newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.081308, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 2 contracts

Samples: Indenture (Playtex Products Inc), Indenture (Intermagnetics General Corp)

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 13.0813.13, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Indenture (Commscope Inc)

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 newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.0813.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Indenture (Activision Inc /Ny)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Securities will shall upon issue be newly issued (and not treasury shares) and shall be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.0812.08, the Company will shall pay all taxes, liens and charges with ----- respect to the issue thereof.

Appears in 1 contract

Samples: Indenture (Transwitch Corp /De)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that 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 13.0812.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Indenture (Earthweb Inc)

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Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Securities will this Security shall upon issue be newly issued (and not treasury shares) and shall be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.088.08, the Company will shall pay all taxes, liens and charges with respect ---- to the issue thereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Interliant Inc)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued delivered upon conversion of Securities will upon issue be newly issued (shares, upon such delivery, will have been duly authorized and not treasury shares) validly issued and will be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.0814.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Indenture (Apria Healthcare Group Inc)

Covenant as to Common Stock. The Company covenants that --------------------------- all shares of Common Stock which that may be issued upon conversion of Securities will this Security shall upon issue be newly issued (and not treasury shares) and shall be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.088.09, the Company will shall pay all taxes, liens and charges with respect ---- to the issue thereof.

Appears in 1 contract

Samples: Convertible Note Agreement (Interliant Inc)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will Series 6-1/2% Notes 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 13.084.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: First Supplemental Indenture (Checkfree Holdings Corp \Ga\)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued delivered upon conversion of Securities will upon issue be newly issued (shares, upon such delivery, will have been duly authorized and not treasury shares) validly issued and will be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.081409, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Indenture (King Pharmaceuticals Inc)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that 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 13.0812.08, the Company will shall pay all taxes, liens and charges with ----- respect to the issue thereof.

Appears in 1 contract

Samples: Indenture (Interliant Inc)

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