Common use of Insufficient Authorized Shares Clause in Contracts

Insufficient Authorized Shares. If at any time while the Warrant remains outstanding the Company does not have a sufficient number of authorized and unreserved shares of Common Stock to satisfy its obligation to reserve for issuance upon exercise of the Warrant at least a number of shares of Common Stock equal to 100% (the “Required Reserve Amount”) of the number of shares of Common Stock as shall from time to time be necessary to effect the exercise of the Warrant then outstanding, then the Company shall immediately take all action necessary to increase the Company’s authorized shares of Common Stock to an amount sufficient to allow the Company to reserve the Required Reserve Amount for the Warrant then outstanding.

Appears in 12 contracts

Samples: Collaboration Agreement (Amyris, Inc.), Note and Warrant Purchase Agreement (Amyris, Inc.), Amyris, Inc.

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Insufficient Authorized Shares. If at any time while the this Warrant remains outstanding the Company does not have a sufficient number of authorized and unreserved shares of Common Stock to satisfy its obligation to reserve for issuance upon exercise of the this Warrant at least a number of shares of Common Stock equal to 100% of the number of shares of Common Stock (the “Required Reserve Amount”) of the number of shares of Common Stock as shall from time to time be necessary to effect the exercise of the all of this Warrant then outstandingoutstanding (an “Authorized Share Failure”), then the Company shall immediately take all action necessary to increase the Company’s authorized shares of Common Stock to an amount sufficient to allow the Company to reserve the Required Reserve Amount for the this Warrant then outstanding.

Appears in 1 contract

Samples: Warrant Issuance Agreement (Builders FirstSource, Inc.)

Insufficient Authorized Shares. If at any time while the this Warrant remains outstanding the Company does not have a sufficient number of authorized and unreserved shares of Common Stock to satisfy its obligation to reserve for issuance upon exercise of the this Warrant at least a number of shares of Common Stock equal to 100% (the “Required Reserve Amount”) of the number of shares of Common Stock as shall from time to time be necessary to effect the exercise of this Warrant to the Warrant extent that it is then outstanding, then the Company shall immediately take all action necessary to increase the Company’s authorized shares of Common Stock to an amount sufficient to allow the Company to reserve the Required Reserve Amount for this Warrant to the Warrant extent that it is then outstanding.

Appears in 1 contract

Samples: Purchase Agreement (Quantum Corp /De/)

Insufficient Authorized Shares. If at any time while the this Warrant remains outstanding the Company does not have a sufficient number of authorized and unreserved shares of Common Stock to satisfy its obligation to reserve for issuance upon exercise of the Warrant at least a number of shares of Common Stock equal to 100% (the “Required Reserve Amount”) of the number of shares of Common Stock as shall from time to time be necessary to effect the exercise of the Warrant then outstanding, then the Company shall immediately take all action such commercially reasonable actions as may be necessary or advisable to increase the Company’s authorized shares of Common Stock to an amount sufficient to allow the Company to reserve the Required Reserve Amount for the this Warrant then outstanding.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.)

Insufficient Authorized Shares. If at any time prior to the Expiration Date and while the Warrant remains outstanding the Company does not have a sufficient number of authorized and unreserved shares of Common Stock unissued Ordinary Shares to satisfy its obligation to reserve for issuance upon exercise of the Warrant at least a number of shares of Common Stock equal to 100% Ordinary Shares (the “Required Reserve Amount”) of equal to the number of shares of Common Stock as shall from time to time be necessary to effect Ordinary Shares for which the exercise of the outstanding Warrant is then outstandingexercisable, then the Company shall immediately take all action necessary promptly use its commercially reasonable efforts to increase the Company’s authorized shares of Common Stock Ordinary Shares to an amount sufficient to allow the Company to reserve the Required Reserve Amount for the Warrant then outstandingAmount.

Appears in 1 contract

Samples: Bridge Loan Agreement (Amarin Corp Plc\uk)

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Insufficient Authorized Shares. If at At any time while the this Warrant remains outstanding outstanding, if the Company does not have a sufficient number of authorized and unreserved shares of Common Stock to satisfy its obligation to reserve for issuance upon exercise of the this Warrant at least a number of shares of Common Stock equal to 100% (the “Required Reserve Amount”) of the number of shares of Common Stock as shall from time to time be necessary to effect the exercise of the all of this Warrant then outstanding, outstanding without regard to any limitation on exercise included herein (the “Required Reserve Amount”) then the Company shall immediately take all action necessary to increase the Company’s 's authorized shares of Common Stock to an amount sufficient to allow the Company to reserve the Required Reserve Amount for the this Warrant then outstanding.

Appears in 1 contract

Samples: Prepaid Advance Agreement (Canoo Inc.)

Insufficient Authorized Shares. If at any time while the this Warrant remains outstanding the Company does not have a sufficient number of authorized and unreserved shares of Common Stock to satisfy its obligation to reserve for issuance upon exercise of the this Warrant at least a number of shares of Common Stock equal to 100% (the “Required Reserve Amount”) of the number of shares of Common Stock (the "Required Reserve Amount") as shall from time to time be necessary to effect the exercise of the all of this Warrant then outstandingoutstanding (an "Authorized Share Failure"), then the Company shall immediately take all action necessary to increase the Company’s 's authorized shares of Common Stock to an amount sufficient to allow the Company to reserve the Required Reserve Amount for the this Warrant then outstanding.

Appears in 1 contract

Samples: Letter Agreement (Hutchinson Technology Inc)

Insufficient Authorized Shares. If at At any time while the this Warrant remains outstanding outstanding, on or after March 25, 2024, if the Company does not have a sufficient number of authorized and unreserved shares of Common Stock to satisfy its obligation to reserve for issuance upon exercise of the this Warrant at least a number of shares of Common Stock equal to 100% (the “Required Reserve Amount”) of the number of shares of Common Stock as shall from time to time be necessary to effect the exercise of the all of this Warrant then outstanding, outstanding without regard to any limitation on exercise included herein (the “Required Reserve Amount”) then the Company shall immediately take all action necessary to increase the Company’s 's authorized shares of Common Stock to an amount sufficient to allow the Company to reserve the Required Reserve Amount for the this Warrant then outstanding.

Appears in 1 contract

Samples: Warrant Cancellation and Exchange Agreement (Canoo Inc.)

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