Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon exercise of the Warrants will, upon issuance pursuant to the terms of the Warrants, be duly authorized, validly issued, fully paid and nonassessable.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Fischer Imaging Corp), Note and Warrant Purchase Agreement (Fischer Imaging Corp)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon exercise conversion of the Warrants will, this Debenture will upon issuance pursuant to the terms of the Warrants, issue be duly authorized, validly issued, fully paid and nonassessable.
Appears in 2 contracts
Samples: Debenture Agreement (Iexalt Inc), Debenture Agreement (Iexalt Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon exercise against tender of payment in respect of any Purchase Contract constituting a part of the Warrants willOutstanding Securities and in payment of any Deferred Contract Fees shall, upon issuance pursuant to the terms of the Warrantsissuance, be duly authorized, validly issued, fully paid and nonassessable.
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Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of the Notes and/or exercise of the Warrants will, upon issuance pursuant to the terms of the Notes and/or the Warrants, as the case may be, be duly authorized, validly issued, fully paid and nonassessable.
Appears in 1 contract
Samples: Convertible Subordinated Note Purchase Agreement (Acclaim Entertainment Inc)
Covenant as to Common Stock. The Company covenants that all --------------------------- shares of Common Stock which may be issued upon exercise of the Warrants this Warrant will, upon issuance pursuant to the terms of the Warrantsissue, be duly authorized, validly issued, fully paid and nonassessablenonassessable and, except as provided in Section 3.4, the Company will pay all taxes, liens and charges with respect to the issue thereof.
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