Issuance of the New Debentures. The New Debentures and New Warrants are duly authorized and, upon the execution of this Agreement by a 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 New Underlying Shares, when issued in accordance with the terms of the New Debentures and New 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 New Underlying Shares at least equal to the Required Minimum on the date hereof.
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Samples: Second Additional Issuance Agreement (Arkados Group, Inc.), Eighth Additional Issuance Agreement and Waiver (Arkados Group, Inc.), Ninth Additional Issuance Agreement and Waiver (Arkados Group, Inc.)
Issuance of the New Debentures. The New Debentures and New Warrants are duly authorized and, upon when issued and paid for in accordance with the execution of this Agreement by a New Purchaserapplicable Transaction Documents, 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 New Underlying Shares, when issued in accordance with the terms of the New Debentures and New WarrantsTransaction Documents, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the CompanyCompany other than restrictions on transfer provided for in the Transaction Documents. The Company has reserved from its duly authorized capital stock a number of shares of Common Stock for issuance of the New Underlying Shares at least equal to the Required Minimum on the date hereof.
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