Common use of Covenants as to Exercise Shares Clause in Contracts

Covenants as to Exercise Shares. The Company covenants and agrees that all Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance in accordance with the terms hereof, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that the Company will at all times during the Exercise Period, have authorized and reserved, free from preemptive rights, a sufficient number of shares of Series I Preferred Stock to provide for the exercise of the rights represented by this Warrant and a sufficient number of shares of Class B Common Stock and Class A Common Stock to permit the conversion of such shares of Series I Preferred Stock into Class B Common Stock, and to permit the conversion of such shares of Class B Common Stock into Class A Common Stock. If at any time during the Exercise Period the number of authorized but unissued shares of Series I Preferred Stock, Class B Common Stock or Class A Common Stock shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Series I Preferred Stock, Class B Common Stock or Class A Common Stock to such number of shares as shall be sufficient for such purposes.

Covenants as to Exercise Shares. The Company covenants and agrees that all Exercise Shares that may be issued upon the exercise of the rights represented by this Warrant will, (and all shares of Common Stock issuable upon issuance the conversion of the Exercise Shares in accordance with the terms hereofSeries D Certificate of Determination) will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that the Company will at all times during the Exercise Period, have authorized and reserved, free from preemptive rights, a sufficient number of shares of its Series I D Preferred (and Common Stock issuable upon the conversion of the Series D Preferred in accordance with the Series D Certificate of Determination) to provide for the exercise of the rights represented by this Warrant and a sufficient number of shares of Class B Common Stock and Class A Common Stock to permit the conversion of such shares of Series I Preferred Stock into Class B Common Stock, and to permit the conversion of such shares of Class B Common Stock into Class A Common StockWarrant. If at any time during the Exercise Period the number of authorized but unissued shares of Series I D Preferred Stock, Class B (or Common Stock or Class A Common Stock issuable upon the conversion of the Series D Preferred in accordance with the Series D Certificate of Determination) shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Series I D Preferred Stock, Class B Common Stock or Class A and/or Common Stock to such number of shares as shall be sufficient for such purposes.

Covenants as to Exercise Shares. The Company covenants and agrees that all Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance in accordance with the terms hereof, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that the Company will at all times during the Exercise Periodwhile this Warrant is exercisable pursuant to Section 2 above, have authorized and reserved, free from preemptive rights, a sufficient number of shares of Series I A Preferred Stock to provide for the exercise of the rights represented by this Warrant and a sufficient number of shares of Class B Common Stock and Class A Common Stock to permit provide for the conversion of such shares of Series I A Preferred Stock into Class B Common Stock, and to permit the conversion of such shares of Class B Common Stock into Class A Common Stock. If at any time during the Exercise Period while this Warrant is exercisable pursuant to Section 2 above the number of authorized but unissued shares of Series I A Preferred Stock, Class B Common Stock or Class A Common Stock shall not be sufficient to permit exercise of this WarrantWarrant (or the number of authorized buy unissued shares of Common Stock shall not be sufficient to permit conversion of such shares of Series A Preferred Stock), the Company will take all such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Series I A Preferred Stock or Common Stock, Class B Common Stock or Class A Common Stock as applicable, to such number of shares as shall be sufficient for such purposes.

Covenants as to Exercise Shares. The Company Corporation covenants and agrees that all Exercise Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance in accordance with the terms hereofissuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company Corporation further covenants and agrees that the Company will Corporation shall at all times during the Exercise Period, (i) have authorized and reserved, free from preemptive rights, a sufficient number of shares of any applicable class and series of its Common Stock and/or Series A Preferred Stock to provide for the exercise of the rights represented by this Warrant and (ii) if applicable, have authorized and reserved, free from preemptive rights, a sufficient number of shares of Series I Preferred its Common Stock to provide for the conversion of the shares of Series A Preferred Stock issuable upon the exercise of the rights represented by this Warrant and a sufficient number of shares of Class B Common Stock and Class A Common Stock to permit the conversion of such shares of Series I Preferred Stock into Class B Common Stock, and to permit the conversion of such shares of Class B Common Stock into Class A Common StockWarrant. If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock and/or Series I A Preferred Stock, Class B Common Stock or Class A Common Stock as applicable, shall not be sufficient to permit exercise of this WarrantWarrant and, if applicable, the Company conversion of the shares of Series A Preferred Stock issuable pursuant hereto, the Corporation will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock and/or Series I A Preferred Stock, Class B Common Stock or Class A Common Stock as applicable, to such number of shares as shall be sufficient for such purposes.