Common use of Covenants as to Exercise Shares Clause in Contracts

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, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free and clear from all taxes, liens, security interests, charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of the Purchase Agreement (as defined below). 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 Common Stock to provide for the full exercise of the rights represented by this Warrant. If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company will take such corporate action as is, in the opinion of its counsel, necessary to increase its authorized but unissued shares of 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, upon issuance, be duly and validly authorized, issued and outstanding, fully paid and nonassessable, and free and clear from all taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of with respect to the Purchase Agreement (as defined below)issuance thereof. The Company further covenants and agrees that the Company will at all times during the Exercise Share Settlement Period, have authorized reserved and reservedavailable, free from preemptive rights, a sufficient number of shares of its Common Stock to provide for the full exercise of the rights represented by this Warrant. If at any time during the Exercise Share Settlement Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company will take such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock (or other securities as provided herein) to such number of shares as shall be sufficient for such purposes.

Covenants as to Exercise Shares. The Company covenants and Corporation agrees that all Exercise Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free and clear from all taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale with respect to the issuance thereof (other than as is provided taxes in Section 5.5(a) respect of the Purchase Agreement (as defined belowany transfer occurring contemporaneously with such issue). The Company Corporation further covenants and agrees that the Company Corporation will at all times beginning on the Issuance Date and thereafter during the Exercise Period, have authorized and reserved, free from preemptive rights, a sufficient number of shares of its Common Stock stock to provide for the full exercise of the rights represented by this Warrant. If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock stock shall not be sufficient to permit the full exercise of this Warrant, the Company Corporation will take such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock stock 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 receipt of the Exercise Price and issuance, be validly issued and outstanding, fully paid and nonassessable, and free and clear from all taxes, liensliens and charges with respect to the issuance thereof. Subject to the immediately preceding paragraph, security interests, charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of the Purchase Agreement (as defined below). The Company Corporation further covenants and agrees that the Company Corporation will at all times during the Exercise Period, have authorized and reserved, free from preemptive rights, a sufficient number of shares of its Common Stock to provide for the full exercise of the rights represented by this Warrant. If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company Corporation will take such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of 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, upon issuance, be duly and validly authorized, issued and outstanding, fully paid and nonassessable, and free and clear from all taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of with respect to the Purchase Agreement (as defined below)issuance thereof. The Company further covenants and agrees that the Company will at all times during the Exercise Period, have authorized reserved and reservedavailable, free from preemptive rights, a sufficient number of shares of its Common Stock to provide for the full exercise of the rights represented by this Warrant. If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company will take such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock (or other securities as provided herein) 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 shares of Company Stock that may be issued upon the exercise of the rights represented by this Warrant will, upon issuanceissuance in accordance with the terms hereof, be validly issued and outstanding, fully paid and nonassessable, and free and clear from all preemptive rights, taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of with respect to the Purchase Agreement (as defined below)issuance thereof. The Company further covenants and agrees that the Company will will, at all times during after the Exercise Periodissuance but prior to the expiration of this Warrant, have authorized and reserved, free from preemptive rights, a sufficient number of shares of its Common Company Stock to provide for the full exercise of the rights represented by this Warrant. If If, at any time during after the Exercise Period issuance but prior to the expiration of this Warrant, the number of authorized but unissued shares of Common Company Stock shall not be sufficient to permit the full exercise of this Warrant, the Company will take such corporate action as ismay, in the reasonable opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Company 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 are issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free and clear from all taxes, liens, security interests, charges and other encumbrances liens with respect to the issuance thereof, and restrictions on sale other than as is provided the Company further agrees to pay all taxes and charges and remove all liens that may exist upon issuance in Section 5.5(a) of the Purchase Agreement (as defined below)violation hereof. 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 such number of shares of its Common Stock as would be required to provide for be issued upon the full exercise of all of the rights represented by this Warrant. If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company will immediately take such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock (or other securities as provided herein) 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, be duly authorized, validly issued and outstanding, fully paid and nonassessable, and free from all preemptive rights of any shareholder and clear from all taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of with respect to the Purchase Agreement (as defined below)issuance thereof. The Company Corporation further covenants and agrees that the Company Corporation will at all times during the Exercise Period, have authorized and reserved, free from preemptive rights, a sufficient number of shares of its Common Stock to provide for the full exercise of the rights represented by this Warrant. If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company Corporation will take such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of 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, upon issuance, be duly authorized and validly issued and outstanding, fully paid and nonassessable, and free and clear from all taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of with respect to the Purchase Agreement (as defined below)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 Company Common Stock to provide for the full exercise of the rights represented by this Warrant. If at any time during the Exercise Period the number of authorized but unissued shares of Company Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company will take such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Company Common Stock (or other securities as provided herein) 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, be duly authorized, validly issued and outstanding, fully paid and nonassessable, and free from all preemptive rights of any shareholder and clear from all taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of with respect to the Purchase Agreement (as defined below)issuance thereof. The Company Corporation further covenants and agrees that the Company Corporation will at all times during the Exercise Period, have authorized and reserved, free from preemptive rights, a sufficient number of shares of its Common Stock to provide for the full exercise of the rights represented by this Warrant. If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company Corporation will take such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of 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, upon issuanceissuance in accordance with the terms hereof, be validly issued and outstanding, fully paid and nonassessable, and free and clear from all taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of with respect to the Purchase Agreement (as defined below)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 its Common Stock to provide for the full exercise of the rights represented by this Warrant. 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 Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company will take all such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of 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, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free and clear from all taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of with respect to the Purchase Agreement (as defined below)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 Common Stock to provide for the full exercise of the rights represented by this Warrant. If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company will take such corporate ***CONFIDENTIAL TREATMENT REQUESTED action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of 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, upon issuance, be validly issued and outstandingissued, fully paid and nonassessable, and free and clear from all taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of with respect to the Purchase Agreement (as defined below)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 Common Stock to provide for the full exercise of the rights represented by this WarrantWarrant (taking into account any adjustments and restrictions set forth in Sections 5, 6, 7, 8 and 9 hereof). . If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company will take such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock (or other securities as provided herein) 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, upon issuance, be validly issued and outstandingissued, fully paid and nonassessable, and free and clear from all taxes, liens, security interests, liens and charges and other encumbrances and restrictions on sale other than as is provided in Section 5.5(a) of with respect to the Purchase Agreement (as defined below)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 Common Stock to provide for the full exercise of the rights represented by this WarrantWarrant (taking into account any adjustments and restrictions set forth in Sections 5, 6, 7 and 8 hereof). If at any time during the Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit the full exercise of this Warrant, the Company will take such corporate action as ismay, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock (or other securities as provided herein) to such number of shares as shall be sufficient for such purposes.