Common use of Fully Paid Stock; Taxes Clause in Contracts

Fully Paid Stock; Taxes. Company covenants and agrees that the shares of stock represented by each and every certificate for its Common Stock to be delivered on the exercise of the purchase rights and the payment of the applicable purchase price herein provided for shall, at the time of such delivery, be validly issued and outstanding and be fully paid and nonassessable. Company further covenants and agrees that it will pay when due and payable any and all federal and state taxes (other than income taxes) which may be payable in respect of this Warrant or any Common Stock or certificates therefor upon the exercise of the rights herein and in the Warrant Agreement provided for pursuant to the provisions hereof and thereof. Company shall not, however, be required to pay any tax which may be payable solely in respect of any transfer and delivery of stock certificates in a name other than that of the holder exercising this Warrant, and any such tax shall be paid by such holder at the time of presentation.

Appears in 7 contracts

Samples: Credit Agreement (Accentia Biopharmaceuticals Inc), Warrant Agreement (Horizon Pharmacies Inc), Warrant Agreement (Horizon Pharmacies Inc)

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Fully Paid Stock; Taxes. The Company covenants and agrees that the shares of stock represented by each and every certificate for its Common Stock to be delivered on the exercise of the purchase rights and the payment of the applicable purchase price herein provided for shall, at the time of such delivery, be validly issued and outstanding and be fully paid and nonassessable. The Company further covenants and agrees that it will pay when due and payable any and all federal Federal, State and state local taxes (other than income taxestaxes in respect of income) which may be payable in respect of the delivery of this Warrant or any Common Stock or certificates therefor upon the exercise of the purchase rights herein and in the Warrant Agreement provided for pursuant to the provisions hereof and thereofhereof. The Company shall not, however, be required to pay any tax which may be payable solely in respect of any transfer and delivery of stock certificates in a name other than that of the holder Holder exercising this Warrant, and any such tax shall be paid by such holder at the time of presentation.

Appears in 4 contracts

Samples: Warrant Agreement (Flow International Corp), Warrant Agreement (Flow International Corp), Warrant Agreement (Nexell Therapeutics Inc)

Fully Paid Stock; Taxes. The Company covenants and agrees that the shares of stock represented by each and every certificate for its Common Stock to be delivered on the any exercise of the purchase rights and the payment of the applicable purchase price herein provided for this Warrant shall, at the time of such delivery, be duly authorized, validly issued and outstanding and be fully paid and nonassessable. The Company further covenants and agrees that it will pay when due and payable any and all federal and state taxes (taxes, other than income taxes) taxes on income, which may be payable in respect of this Warrant or any Common Stock or certificates therefor upon the exercise of the rights herein and in the Warrant Agreement provided for pursuant to the provisions hereof and thereofhereof. The Company shall not, however, be required to pay any tax which may be payable solely in respect of any transfer involved in the transfer and delivery of FORM OF PENALTY WARRANT UNDER REGISTRATION RIGHTS AGREEMENT stock certificates in a the name other than that of the holder exercising this Warrantof the Warrant converted, and any such tax shall be paid by such holder at the time of presentation.

Appears in 1 contract

Samples: Registration Rights Agreement (Atc Healthcare Inc /De/)

Fully Paid Stock; Taxes. The Company covenants and agrees that the shares of stock represented by each and every certificate for its Common Stock to be delivered on the exercise of the purchase rights and the payment of the applicable purchase price herein provided for shall, at the time of such delivery, be validly issued and outstanding and be fully paid and nonassessable. The Company further covenants and agrees that it will pay when due and payable any and all federal Federal and state State taxes (other than income taxes) which may be payable in respect of this Warrant or any Common Stock or certificates therefor upon the exercise of the conversion rights herein and in the Warrant Agreement provided for pursuant to the provisions hereof and thereofhereof. The Company shall not, however, be required to pay any tax which may be payable solely in respect of any transfer involved in the transfer and delivery of stock certificates in a the name other than that of the holder exercising this Warrant, and any such tax shall be paid by such holder at the time of presentation.

Appears in 1 contract

Samples: Warrant Agreement (American Homestar Corp)

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Fully Paid Stock; Taxes. The Company covenants and agrees that the shares of stock represented by each and every certificate for its Common Stock Shares to be delivered on the exercise of the purchase rights and the payment of the applicable purchase price herein provided for shall, at the time of such delivery, be validly issued and outstanding and be fully paid and nonassessable. The Company further covenants and agrees that it will pay when due and payable any and all federal Federal and state State taxes (other than income taxes) which may be payable in respect of this Warrant or any Common Stock Shares or certificates therefor upon the exercise of the rights herein and in the Warrant Agreement provided for pursuant to the provisions hereof and thereof. The Company shall not, however, be required to pay any tax which may be payable solely in respect of any transfer and delivery of stock certificates in a name other than that of the holder exercising this Warrant, and any such tax shall be paid by such holder at the time of presentation.

Appears in 1 contract

Samples: Loan and Security Agreement (Allied Defense Group Inc)

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