Issuance of Shares Underlying Interest Share Issuances. It shall be a condition precedent to the delivery of shares of Common Stock pursuant to this Section 2.9 that such shares of Common Stock shall be duly authorized by all necessary corporate action, when issued in accordance with the terms hereof shall be validly issued and outstanding and fully paid and nonassessable, and, when such shares of Common Stock have been issued to the Lenders, the Lenders shall be entitled to all rights accorded to a holder and beneficial owner of Common Stock.
Appears in 1 contract
Samples: Facility Agreement (Cytomedix Inc)
Issuance of Shares Underlying Interest Share Issuances. It shall be a condition precedent to the delivery of shares of Common Stock Shares pursuant to this Section 2.9 2.11 that (i) approval for such shares of issuance shall have been obtained from the applicable stock exchange, (ii) such Common Stock Shares shall be duly authorized by all necessary corporate action, (iii) when issued in accordance with the terms hereof such Common Shares shall be validly issued and outstanding and fully paid and nonassessable, and, and (iv) when such shares of Common Stock Shares have been issued to the Lenders, the Lenders shall be entitled to all rights accorded to a holder and beneficial owner of Common StockShares.
Appears in 1 contract
Samples: Facility Agreement (IMRIS Inc.)
Issuance of Shares Underlying Interest Share Issuances. It shall be a condition precedent to the delivery of shares of Common Stock or Interest Warrants pursuant to this Section 2.9 that such shares of Common Stock or shares of Common Stock issuable upon exercise of any Interest Warrants shall be duly authorized by all necessary corporate action, when issued in accordance with the terms hereof shall be validly issued and outstanding and fully paid and nonassessable, and, when such shares of Common Stock have been issued to the Lenders, the Lenders shall be entitled to all rights accorded to a holder and beneficial owner of Common Stock.
Appears in 1 contract
Samples: Facility Agreement (Tengion Inc)
Issuance of Shares Underlying Interest Share Issuances. It shall be a condition precedent to the delivery of shares of Common Stock or Interest Warrants pursuant to this Section 2.9 that such shares of Common Stock or shares of Common Stock issuable upon exercise of any Interest Warrants shall be duly authorized by all necessary corporate action, when issued in accordance with the terms hereof shall be validly issued and outstanding and fully paid and nonassessable, and, when such shares of Common Stock have been issued to the Lenders, the Lenders shall be entitled to all rights accorded to a holder and beneficial owner of Common Stock.β
Appears in 1 contract
Samples: Registration Rights Agreement and Facility Agreement (Tengion Inc)