Common use of Covenants as to Common Stock Clause in Contracts

Covenants 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 will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 Units will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 the Purchase Contract constituting a part of Contracts underlying the Outstanding Securities Units will, upon issuance, be newly issued (i.e., not issued out of treasury shares) and be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 Forward Purchase Contract constituting a part of the Outstanding Securities Units will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 Contract Adjustment Payments will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants as to Common Stock. The Company covenants that all shares of Common Stock which may will be issued against tender of payment in respect of any Purchase Contract Contracts constituting a part of the Outstanding Securities PIES will, upon issuanceissuance as contemplated herein, be duly authorized, validly issued, fully paid and nonassessable.

Covenants as to Common Stock. The Company covenants that all shares of Common Stock which may will be issued against tender of payment in respect of any Purchase Contract Contracts constituting a part of the Outstanding Securities Units will, upon issuanceissuance as contemplated herein, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 Stock Purchase Contract constituting a part of the Outstanding Securities Common Equity Units will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants as to Common Stock. The Company covenants that all shares of Common Stock which may be issued against tender of payment in respect it delivers upon settlement of any Stock Purchase Contract constituting a part of the Outstanding Securities will, upon issuance, will be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 Units will, upon issuance, be duly authorized, validly issued, fully paid and nonassessablenonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Company will endeavor to promptly list or cause to have quoted such Common Stock on each national exchange or in the over-the-counter market or other such market on which the Common Stock are then listed or quoted.

Covenants as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued against tender of payment in respect of any Purchase Contract constituting a part of represented by the Outstanding Securities Units will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 Forward Purchase Contract constituting a part of the Outstanding Securities DECS will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued against tender of payment in respect of any Stock Purchase Contract constituting a part of the Outstanding Securities Equity Units will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 Contract Fees will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 Stock Purchase Contract constituting a part of the Outstanding Securities Common SPACES will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 will, upon such issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable. ARTICLE XI Trust Indenture Act SECTION 11.1.

Covenants as to Common Stock. The Company covenants that all shares of Common Stock which may be issued issued, against tender of payment in respect of any Purchase Contract constituting a part of the Outstanding Securities will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 DECS will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 Warrant represented by the Outstanding Securities Units will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.. 62

Covenants 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 Share Purchase Contract constituting a part of the Outstanding Securities will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants 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 issuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenants as to Common Stock. The Company covenants and agrees that all the shares of Common Stock which may be issued against tender issuable pursuant to the terms of payment in respect of any Purchase Contract constituting a part of the Outstanding Securities this Warrant will, upon their issuance, be duly authorized, validly issuedissued and outstanding, fully paid and nonassessable. The Company further covenants and agrees that it will take all such corporate actions that may be necessary to provide for the exercise of the rights represented by this Warrant.

Covenants 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 will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.. ARTICLE XI

Covenants 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 Units will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.. 71

Covenants 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 Forward Purchase Contract constituting a part of the Outstanding Securities will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable.