Common use of Issuance of Exchange Shares Clause in Contracts

Issuance of Exchange Shares. The issuance of the Exchange Shares is duly authorized and, when issued and delivered in accordance with the terms of this Agreement, the Exchange Shares shall be validly issued, fully paid and non-assessable and free and clear of all Liens with respect to the issuance thereof.

Appears in 3 contracts

Samples: Securities Exchange Agreement (Workhorse Group Inc.), Securities Exchange Agreement (Workhorse Group Inc.), Securities Exchange Agreement (Workhorse Group Inc.)

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Issuance of Exchange Shares. The issuance of the Exchange Shares is are duly authorized and, when issued and delivered in accordance with the terms of this Agreement, the Exchange Shares shall will be duly and validly issued, fully paid and non-assessable and nonassessable, free and clear of all Liens with respect to imposed by the issuance thereofBorrower.

Appears in 2 contracts

Samples: Exchange Agreement (Mannkind Corp), Exchange Agreement (Mannkind Corp)

Issuance of Exchange Shares. The issuance of the Exchange Shares is are duly authorized and, when issued and delivered in accordance with the terms of this Agreement, the Exchange Shares shall will be duly and validly issued, fully paid and non-assessable and nonassessable, free and clear of all Liens with respect imposed by the Borrower, and will not be issued in violation of, or subject to, any preemptive or similar rights of any Person. The Borrower has reserved from its duly authorized capital stock the Exchange Shares issuable pursuant to the issuance thereofthis Agreement.

Appears in 1 contract

Samples: Facility Agreement (Mannkind Corp)

Issuance of Exchange Shares. The issuance of the Exchange Shares is are duly authorized and, when issued and delivered in accordance with the terms of this Agreement, the Exchange Shares shall will be duly and validly issued, fully paid and non-assessable and nonassessable, free and clear of all Liens with respect liens or encumbrances, and will not be issued in violation of, or subject to, any preemptive or similar rights of any Person. Borrower has reserved from its duly authorized Common Stock the Exchange Shares issuable pursuant to the issuance thereofthis Agreement.

Appears in 1 contract

Samples: Exchange and Termination Agreement (Windtree Therapeutics Inc /De/)

Issuance of Exchange Shares. The issuance of the Exchange Shares is duly authorized and, when issued and delivered in accordance with the terms of this Agreement, the Exchange Shares shall are and will be, upon issuance, free and clear of all taxes, liens, claims, pledges, mortgages, restrictions, obligations, security interests and encumbrances of any kind, nature and description other than liens in favor of Holder, and when issued will be validly issued, fully paid and non-assessable and free and clear of all Liens with respect to the issuance thereofassessable.

Appears in 1 contract

Samples: Exchange Agreement (Breathe Ecig Corp.)

Issuance of Exchange Shares. The issuance of the Exchange Shares is duly authorized and, when issued and delivered upon issuance in accordance with the terms of this Agreement, the Exchange Shares Documents shall be validly issued, fully paid and non-assessable and free from all taxes, liens, charges and clear of all Liens other encumbrances with respect to the issuance issue thereof.

Appears in 1 contract

Samples: Exchange Agreement (MGT Capital Investments Inc)

Issuance of Exchange Shares. The issuance of the Exchange Shares is are duly authorized and, when issued and delivered in accordance with the terms of this Agreement, the Exchange Shares shall will be duly and validly issued, fully paid and non-assessable and nonassessable, free and clear of all Liens with respect to imposed by the issuance thereofBorrower, and will not be issued in violation of, or subject to, any preemptive or similar rights of any Person.

Appears in 1 contract

Samples: Exchange Agreement (Mannkind Corp)

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Issuance of Exchange Shares. The issuance of the Exchange Shares is are duly authorized and, when issued and delivered in accordance with the terms of this Agreement, the Exchange Shares shall will be duly and validly issued, fully paid and non-assessable and nonassessable, free and clear of all Liens with respect imposed by the Borrower. The Borrower has reserved from its duly authorized capital stock the Exchange Shares issuable pursuant to the issuance thereofthis Agreement.

Appears in 1 contract

Samples: Exchange Agreement (Mannkind Corp)

Issuance of Exchange Shares. The issuance of When issued by the Exchange Shares is duly authorized and, when issued and delivered in accordance with the terms of this AgreementCompany, the Exchange Shares shall will be duly authorized, validly issued, fully paid and non-assessable nonassessable and free from all preemptive or similar rights, taxes, liens and clear of all Liens charges with respect to the issuance issue thereof, with the Investor being entitled to all rights accorded to a holder of common stock of the Company.

Appears in 1 contract

Samples: Exchange Agreement (Image Entertainment Inc)

Issuance of Exchange Shares. The issuance of the Exchange Shares is duly authorized and, when issued and delivered upon issuance and payment in accordance with the terms of this Agreement, the Exchange Shares Documents shall be validly issued, fully paid and non-assessable and free and clear of all Liens with respect to the issuance thereofassessable.

Appears in 1 contract

Samples: Exchange Agreement (Jaguar Health, Inc.)

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