Issuance of Company Securities. The Company Common Stock Shares, when issued in accordance with this Agreement, shall be duly authorized, validly issued, fully-paid and nonassessable. Except as set forth in the Reports, there is no equity line of credit or convertible security or instrument outstanding of the Company.
Issuance of Company Securities. The Company Common Stock Shares, and when issued in accordance with this Agreement, the Purchase Agreement, the OS Debentures and the Escrow Agreement, the Company Underlying Shares and the Company Escrow Shares, shall be duly authorized, validly issued, fully-paid and nonassessable. The Company currently has, and at all times while the OS Debentures are outstanding will maintain, an adequate reserve of shares of the Company Common Stock to enable it to perform its obligations under this Agreement and OS Debentures. Except as set forth in the Reports, there is no equity line of credit or convertible security or instrument outstanding of the Company.
Issuance of Company Securities. (a) At such times as the Company requires additional funding, the Company will be responsive to the then existing conditions in the capital markets in determining how to raise such funding. As a general rule, the Company will first seek such capital in the form of loans from, or debt offerings in the capital markets to, third parties (it being understood that WWC and the Company recognize the rights of the Investor as a result of the events described in clause (a) of the definition of "Disposition Event").
Issuance of Company Securities. The Company Common Stock Shares, and when issued in accordance with this Agreement, the Purchase Agreement, the PRCO Debentures and the Escrow Agreement, the Company Underlying Shares and the Company Escrow Shares, shall be duly authorized, validly issued, fully-paid and nonassessable. The Company currently has, and at all times while the PRCO Debentures are outstanding will maintain, an adequate reserve of shares of the Company Common Stock to enable it to perform its obligations under this Agreement and PRCO Debentures. Except as set forth in the Reports, there is no equity line of credit or convertible security or instrument outstanding of the Company.
Issuance of Company Securities. The Company has the full corporate power and capacity to issue the Company Securities. The Securities have been, or shall by the Time of Closing be, issued in compliance with all applicable Laws and not in violation of or subject to any Existing Participation Right or pre-emptive or similar right that entitles any Person to acquire from the Company any Common Shares or other security of the Company, or any security convertible into, or exercisable for, Common Shares or other security of the Company, except as set forth in the Company Disclosure Letter. The Company shall ensure that the Unit Shares upon issuance shall be duly and validly issued as fully paid and non-assessable Common Shares and shall have the attributes corresponding to the description thereof set forth in this Agreement. The Company shall ensure that the Unit Warrants upon issuance shall be duly and validly created, authorized and issued and shall have the attributes corresponding to the description thereof set forth in this Agreement. The Company shall ensure, at all times while any Unit Warrants remain outstanding, that sufficient Unit Warrant Shares are authorized and allotted for issuance upon due and proper exercise of the Unit Warrants. The Unit Warrant Shares, upon issuance in accordance with the terms of the Unit Warrant certificates, shall be duly and validly issued as fully paid and non-assessable Common Shares, and shall have the attributes corresponding to the description thereof set forth in this Agreement and the Unit Warrant certificates.
Issuance of Company Securities. (a) Subject to the provisions of this Section 5, the Board shall have the ability to determine the manner in which the Company shall raise any additional funding.
Issuance of Company Securities. The Company Common Stock Shares, and --------------------------------- when issued in accordance with this Agreement, the Purchase Agreement, the CGMI Debentures, and the Company Underlying Shares shall be duly authorized, validly issued, fully-paid and nonassessable. The Company currently has, and at all times while the CGMI Debentures are outstanding will maintain, an adequate reserve of shares of the Company Common Stock to enable it to perform its obligations under this Agreement and the CGMI Debentures. Except as set forth in the Reports, there is no equity line of credit or convertible security or instrument outstanding of the Company.
Issuance of Company Securities. The Company Common Stock Shares, the Company Debenture, the Company Underlying Shares, and the Company Escrow Shares, when issued in accordance with this Agreement, shall be duly authorized, validly issued, fully-paid and nonassessable. The Company has and at all times while the Company Debenture is outstanding will continue to maintain an adequate reserve of shares of the Company Common Stock to enable it to perform its obligations under this Agreement and the Company. Except as set forth in Schedule 4.1(g) hereto, there is no equity line of credit or convertible security or instrument outstanding of the Company; PROVIDED, HOWEVER, that nothing contained in this Section 4.1(g) shall be deemed to permit any equity line of credit or convertible security or instrument of the Company, other than that is or may be issued to HEM Mutual Assurance LLC or any of its Affiliates or assigns.
Issuance of Company Securities. The Company Common Stock Shares, and when issued in accordance with this Agreement, the Purchase Agreement, the ACMI Debentures and the Escrow Agreement, the Company Underlying Shares and the Company Escrow Shares, shall be duly authorized, validly issued, fully-paid and nonassessable. The Company currently has, and at all times while the ACMI Debentures are outstanding will maintain, an adequate reserve of shares of the Company Common Stock to enable it to perform its obligations under this Agreement and ACMI Debentures. Except as set forth in the Reports, there is no equity line of credit or convertible security or instrument outstanding of the Company.
Issuance of Company Securities. The Company Common Stock, and when issued in accordance with this Agreement, the Purchase Agreement and the PRCO Debentures, the Company Underlying Shares, shall be duly authorized, validly issued, fully-paid and nonassessable. The Company currently has, and at all times while the PRCO Debentures are outstanding will maintain, an adequate reserve of shares of the Company Common Stock to enable it to perform its obligations under this Agreement and the PRCO Debentures. Except as set forth in the Reports, there is no equity line of credit or convertible security or instrument outstanding of the Company.
