Issuance of the Additional Debentures. The Additional Debentures are duly authorized and, upon the execution of this Agreement by the Holder and the Other Agreements by the Other Holders, will be duly and validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company other than restrictions on transfer provided for in the Transaction Documents. The Additional Underlying Shares, when issued in accordance with the terms of the Additional Debentures, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company. The Company has reserved from its duly authorized capital stock a number of shares of Common Stock for issuance of the Additional Underlying Shares sufficient for the conversion in full of the Additional Debentures.
Appears in 2 contracts
Samples: And Waiver Agreement (Western Power & Equipment Corp), And Waiver Agreement (Western Power & Equipment Corp)
Issuance of the Additional Debentures. The Additional Debentures and Additional Warrants are duly authorized and, upon the execution of this Agreement by the Holder and the Other Agreements by the Other Holdersa Purchaser, will be duly and validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company other than restrictions on transfer provided for in the Transaction Documents. The Additional Underlying Shares, when issued in accordance with the terms of the Additional DebenturesDebentures and Additional Warrants, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company. The Company has reserved from its duly authorized capital stock a number of shares of Common Stock for issuance of the Additional Underlying Shares sufficient for at least equal to the conversion in full of Required Minimum on the Additional Debenturesdate hereof.
Appears in 2 contracts
Samples: Additional Issuance Agreement (Cdknet Com Inc), Additional Issuance Agreement (Cdknet Com Inc)
Issuance of the Additional Debentures. The Additional Debentures are duly authorized and, upon the execution of this Agreement by the Holder and the Other Agreements by the Other Holders, Holders will be duly and validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company other than restrictions on transfer provided for in the Transaction Documents. The Additional Underlying Shares, when issued in accordance with the terms of the Additional Debentures, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company. The Company has reserved from its duly authorized capital stock a number of shares of Common Stock for issuance of the Additional Underlying Shares sufficient for the conversion in full of the Additional Debentures.
Appears in 1 contract
Samples: Consent, Waiver and Amendment Agreement (Wifimed Holdings Company, Inc.)
Issuance of the Additional Debentures. The Additional Debentures and Additional Warrants are duly authorized and, upon the execution of this Agreement by the Holder and the Other Agreements by the Other Holdersa New Purchaser, will be duly and validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company other than restrictions on transfer provided for in the Transaction Documents. The Additional Underlying Shares, when issued in accordance with the terms of the Additional DebenturesDebentures and Additional Warrants, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company. The Company has reserved from its duly authorized capital stock a number of shares of Common Stock for issuance of the Additional Underlying Shares sufficient for at least equal to the conversion in full of Required Minimum on the Additional Debenturesdate hereof.
Appears in 1 contract
Samples: Additional Issuance Agreement (Unity Wireless Corp)
Issuance of the Additional Debentures. The Additional Debentures and Additional Warrants are duly authorized and, upon the execution of this Agreement by the Holder and the Other Agreements by the Other HoldersNew Purchaser, will be duly and validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company other than restrictions on transfer provided for in the Transaction Documents. The Additional Underlying Shares, when issued in accordance with the terms of the Additional DebenturesDebentures and Additional Warrants, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company. The Company has reserved from its duly authorized capital stock a number of shares of Common Stock for issuance of the Additional Underlying Shares sufficient for at least equal to the conversion in full of Required Minimum on the Additional Debenturesdate hereof.
Appears in 1 contract
Samples: Third Additional Issuance Agreement (Cdknet Com Inc)