Covenants as to 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, 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 shares of [ ] [NTD: INSERT TYPE OF STOCK] to provide for the exercise of the rights represented by this Warrant. If at any time during the Exercise Period the number of authorized but unissued shares of [ ] [NTD: INSERT TYPE OF 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 [ ] [NTD: INSERT TYPE OF STOCK] to such number of shares as shall be sufficient for such purposes.
Appears in 4 contracts
Samples: Subordinated Convertible Note Purchase Agreement, Subordinated Convertible Promissory Note and Warrant Purchase Agreement, Subordinated Convertible Promissory Note and Warrant Purchase Agreement (Mascoma Corp)
Covenants as to 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 issuanceissuance 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, Period have authorized and reserved, free from preemptive rights, a sufficient number of shares of its shares of [ ] [NTD: INSERT TYPE OF STOCK] Preferred Stock and Common Stock to provide for the exercise of the rights represented by this WarrantWarrant and the conversion of the Shares into Common Stock. If at any time during the Exercise Period the number of authorized but unissued shares of [ ] [NTD: INSERT TYPE OF STOCK] Preferred Stock and Common Stock shall not be sufficient to permit exercise of this WarrantWarrant and the conversion of the Shares into Common Stock, 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 [ ] [NTD: INSERT TYPE OF STOCK] Preferred Stock and Common Stock to such number of shares as shall be sufficient for such purposes.
Appears in 2 contracts
Samples: Warrant Agreement (Jive Software, Inc.), Warrant Agreement (Jive Software, Inc.)
