Common use of Covenants as to Warrant Stock Clause in Contracts

Covenants as to Warrant Stock. The Company covenants and agrees that all Warrant Stock 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 and similar rights, a sufficient number of shares of Warrant Stock to provide for the exercise of the rights represented by this Warrant and the issuance of the shares of capital stock issuable upon conversion of such Warrant Stock (if applicable). If at any time during the Exercise Period the number of authorized but unissued shares of Warrant Stock shall not be sufficient to permit exercise of this Warrant or the conversion of the Warrant Stock to Common Stock (if applicable), 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 Warrant Stock and/or shares of Common Stock issuable upon conversion of the Warrant Stock (if applicable) to such number of shares as shall be sufficient for such purposes.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (HTG Molecular Diagnostics, Inc), HTG Molecular Diagnostics, Inc

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Covenants as to Warrant Stock. The Company covenants and agrees that all Warrant 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 and, subject to Section 11.4, 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, exercise period have authorized and reserved, free from preemptive and similar rights, a sufficient number of shares of Warrant its Preferred Stock to provide for the exercise of the rights represented by this Warrant Warrant; it being understood and agreed that any Qualifying Financing Securities will not be so authorized or reserved until the issuance time of the shares of capital stock issuable upon conversion of such Warrant Stock (if applicable)Next Financing. If at any time during the Exercise Period exercise period the number of authorized but unissued shares of Warrant Stock shall not be sufficient to permit exercise of this Warrant or the conversion of the Warrant Stock to Common Stock (if applicable)Warrant, the Company will take such corporate action and use commercially reasonable efforts to obtain any required shareholder approval as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Warrant Stock and/or shares of Common Stock issuable upon conversion of the Warrant Stock (if applicable) to such number of shares as shall be sufficient for such purposes.

Appears in 2 contracts

Samples: Purchase Agreement (Robinhood Markets, Inc.), Purchase Agreement (Robinhood Markets, Inc.)

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Covenants as to Warrant Stock. The Company covenants and agrees that all Warrant Stock 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 use commercially reasonable efforts at all times during the Exercise Period, Period to have authorized and reserved, free from preemptive and similar rights, a sufficient number of shares of Warrant its (a) Preferred Stock to provide for the exercise of the rights represented by this Warrant and (b) Common Stock to provide for the issuance of the shares of capital stock issuable upon conversion of such Warrant Stock (if applicable)shares of Preferred Stock. If at any time during the Exercise Period the number of authorized but unissued shares of Warrant (x) Preferred Stock shall not be sufficient to permit exercise of this Warrant or (y) Common Stock shall not be sufficient to permit the conversion of the Warrant Stock to Common Stock (if applicable)such shares of Preferred 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 Warrant Preferred Stock and/or shares of or Common Stock issuable upon conversion of the Warrant Stock (if Stock, as applicable) , to such number of shares as shall be sufficient for such purposes.

Appears in 1 contract

Samples: Omthera Pharmaceuticals, Inc.

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