Common use of Issuance of Common Shares Clause in Contracts

Issuance of Common Shares. The Common Shares and the shares of Common Stock issuable upon the exercise of the Warrants (the "WARRANT SHARES") are duly authorized and reserved for issuance and, upon such conversion in accordance with the Debentures and/or exercise in accordance with the Warrants such Common Shares and Warrant Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Nasdaq National Market ("NASDAQ NM") (or the American Stock Exchange or the New York Stock Exchange, collectively with the Nasdaq NM, the "APPROVED MARKETS"), and the holders of such Common Shares and Warrant Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. The outstanding shares of Common Stock are currently listed on the Nasdaq NM.

Appears in 2 contracts

Samples: Debenture Purchase Agreement (U S Plastic Lumber Corp), Convertible Debenture Purchase Agreement (U S Plastic Lumber Corp)

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Issuance of Common Shares. The Common Shares and the shares of Common Stock issuable upon the exercise of the Warrants (the "WARRANT SHARES") are duly authorized and reserved for issuance and, upon such conversion in accordance with the Debentures and/or exercise in accordance with the Warrants such Common Shares and Warrant Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Nasdaq National Market System ("NASDAQ NMNMS") (or the American Stock Exchange or the New York Stock Exchange, collectively with the Nasdaq NMNMS, the "APPROVED MARKETS"), and the holders of such Common Shares and Warrant Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. The outstanding shares of Common Stock are currently listed on the Nasdaq NMNMS.

Appears in 2 contracts

Samples: Convertible Subordinated Debenture Purchase Agreement (Zitel Corp), Convertible Subordinated Debenture Purchase Agreement (Zitel Corp)

Issuance of Common Shares. The Common Shares and the shares of Common Stock issuable upon the exercise of the Warrants (the "WARRANT SHARES") are duly authorized and reserved for issuance and, upon such conversion in accordance with the Debentures and/or exercise in accordance with the Warrants such Common Shares and Warrant Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Nasdaq National Small Cap Market ("NASDAQ NMSCM") (or the American Stock Exchange or Exchange, the New York Stock ExchangeExchange or the Nasdaq National Market System, collectively with the Nasdaq NMSCM, the "APPROVED MARKETS"), and the holders of such Common Shares and Warrant Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. The outstanding shares of Common Stock are currently listed on the Nasdaq NMSCM.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (U S Plastic Lumber Corp)

Issuance of Common Shares. The Common Shares and the shares of Common Stock issuable upon the exercise of the Warrants (the "WARRANT SHARES") are duly authorized and reserved for issuance and, upon such conversion in accordance with the Debentures and/or exercise in accordance with the Warrants such Common Shares and Warrant Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Nasdaq National Market ("NASDAQ NMNYSE") (or the American Stock Exchange or the New York Stock ExchangeNasdaq National Market System, collectively with the Nasdaq NMNYSE, the "APPROVED MARKETS"), and the holders of such Common Shares and Warrant Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. The outstanding shares of Common Stock are currently listed on the Nasdaq NMNYSE.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Worldpages Com Inc)

Issuance of Common Shares. The Common Shares and the shares of Common Stock issuable upon the exercise of the Warrants (the "WARRANT SHARES") are duly authorized and reserved for issuance and, upon such conversion and/or purchase in accordance with the Debentures Certificate and/or exercise in accordance with the Warrants such Common Shares and Warrant Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Nasdaq National Market System ("NASDAQ NMNMS") (or the American Stock Exchange Exchange, the Nasdaq Small Cap Market or the New York Stock Exchange, collectively with the Nasdaq NMNMS, the "APPROVED MARKETS"), and the holders of such Common Shares and Warrant Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. The outstanding shares of Common Stock are currently listed on the Nasdaq NMNMS.

Appears in 1 contract

Samples: Preferred Stock Investment Agreement (General Magic Inc)

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Issuance of Common Shares. The Common Shares and the shares of Common Stock issuable upon the exercise of the Warrants (the "WARRANT SHARESWarrant Shares") are duly authorized and reserved for issuance and, upon such conversion in accordance with the Debentures and/or exercise in accordance with the Warrants such Common Shares and Warrant Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Nasdaq National Small Cap Market ("NASDAQ NMNasdaq SCM") (or the American Stock Exchange or Exchange, the New York Stock ExchangeExchange or the Nasdaq National Market System, collectively with the Nasdaq NMSCM, the "APPROVED MARKETSApproved Markets"), and the holders of such Common Shares and Warrant Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. The outstanding shares of Common Stock are currently listed on the Nasdaq NMSCM.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (U S Plastic Lumber Corp)

Issuance of Common Shares. The Common Shares and the shares of Common Stock issuable upon the exercise of the Warrants (the "WARRANT SHARES") are duly authorized and reserved for issuance and, upon such conversion in accordance with the Debentures Articles of Amendment and/or exercise in accordance with the Warrants Warrants, such Common Shares and Warrant Shares will be validly issued, fully paid and non-assessable, free and clear of any and all taxes, liens, claims and encumbrances, and entitled to be traded on the Nasdaq National Market System ("NASDAQ NMNMS") (or the American Stock Exchange or the New York Stock Exchange, Exchange (collectively with the Nasdaq NMNMS, the "APPROVED MARKETS"), and the holders of such Common Shares and Warrant Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. The outstanding shares of Common Stock are currently listed on the Nasdaq NMNMS.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Able Telcom Holding Corp)

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