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.
Appears in 2 contracts
Samples: Merger Agreement (Reality Wireless Networks Inc), Merger Agreement (Reality Wireless Networks Inc)
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.
Appears in 1 contract
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 use commercially reasonable efforts to 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.
Appears in 1 contract
Samples: Merger Agreement (Insite Vision Inc)