Common use of Covenants to Reserve Shares for Issuance on Conversion of Securities Clause in Contracts

Covenants to Reserve Shares for Issuance on Conversion of Securities. The Company covenants that at all times it will reserve and keep available out of its authorized Class A Common Stock, free from preemptive rights, solely for the purpose of issue upon conversion of Securities as herein provided, such number of shares of Class A Common Stock as shall then be issuable upon the conversion of all Outstanding Securities. The Company covenants that all shares of Class A Common Stock which shall be so issuable shall, when issued or delivered, be duly and validly issued shares of Class A Common Stock into which Securities of such series are convertible, and shall be fully paid and nonassessable, free of all liens and charges and not subject to preemptive rights and that, upon conversion, the appropriate capital stock accounts of the Company will be duly credited.

Appears in 2 contracts

Samples: Indenture (Xo Communications Inc), Indenture (Xo Communications Inc)

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Covenants to Reserve Shares for Issuance on Conversion of Securities. The Company covenants that at all times it will reserve and keep available out of each class of its authorized Class A Common StockShares, free from preemptive rights, solely for the purpose of issue upon conversion of Securities of any series as herein provided, such number of shares of Class A Common Stock Shares as shall then be issuable upon the conversion of all Outstanding SecuritiesSecurities of such series. The Company covenants that all shares of Class A Common Stock Shares which shall be so issuable shall, when issued or delivered, be duly and validly issued shares of Class A Common Stock Shares into which Securities of such series are convertible, and shall be fully paid and nonassessable, free of all liens and charges and not subject to preemptive rights and that, upon conversion, the appropriate capital stock accounts of the Company will be duly credited.

Appears in 2 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp)

Covenants to Reserve Shares for Issuance on Conversion of Securities. The Company covenants that at all times it will reserve and keep available out of each class of its authorized Class A Common Stock, free from preemptive rights, solely for the purpose of issue upon conversion of Securities of any series as herein provided, such number of shares of Class A Common Stock as shall then be issuable upon the conversion of all Outstanding SecuritiesSecurities of such series. The Company covenants that all shares of Class A Common Stock which shall be so issuable shall, when issued or delivered, be duly and validly issued shares of Class A Common Stock into which Securities of such series are convertible, and shall be fully paid and nonassessable, free of all liens and charges and not subject to preemptive rights and that, upon conversion, the appropriate capital stock accounts of the Company will be duly credited.

Appears in 1 contract

Samples: Indenture (Level 3 Communications Inc)

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Covenants to Reserve Shares for Issuance on Conversion of Securities. The Company covenants that at all times it will reserve and keep available out of each class of its authorized Class A Common Stock, free from preemptive rights, solely for the purpose of issue upon conversion conversation of Securities of any series as herein provided, such number of shares of Class A Common Stock as shall then be issuable upon the conversion of all Outstanding SecuritiesSecurities of such series. The Company covenants that all shares of Class A Common Stock which shall be so issuable shall, when issued or delivered, be duly and validly issued shares of Class A Common Stock into which Securities of such series are convertible, and shall be fully paid and nonassessable, free of all liens and charges and not subject to preemptive rights and that, upon conversion, the appropriate capital stock accounts of the Company will be duly credited.

Appears in 1 contract

Samples: Indenture (Pep Boys Manny Moe & Jack)

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