Issuer to Provide Stock. To the extent that any Securities are convertible into securities of the Issuer, the Issuer shall reserve, free from pre-emptive rights, out of its authorized but unissued securities, sufficient securities to provide for the conversion of the Securities from time to time as such Securities are presented for conversion, provided, that nothing contained herein shall be construed to preclude the Issuer from satisfying its obligations in respect of the conversion of Securities by delivery of repurchased Securities which are held in the treasury of the Issuer. If any securities to be reserved for the purpose of conversion of securities hereunder require registration with or approval of any governmental authority under any Federal or State law before such securities may be validly issued or delivered upon conversion, then the Issuer covenants that it will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be, provided, however, that nothing in this Section shall be deemed to affect in any way any obligation of the Issuer to convert Securities. Before taking any action which would cause an adjustment reducing the Conversion Price below the then par value, if any, of such securities, the Issuer will take all corporate action which may, in the Opinion of Counsel, be necessary in order that the Issuer may validly and legally issue fully paid and non-assessable such securities at such adjusted Conversion Price. The Issuer covenants that all securities of the Issuer which may be issued upon conversion of Securities will upon issue be fully paid and non-assessable by the Issuer and free of pre-emptive rights.
Issuer to Provide Stock. The Issuer shall from time to time as may be necessary reserve and keep available out of its authorized but unissued Common Stock or its Common Stock held in treasury enough shares of Common Stock to permit the conversion of all outstanding Securities. All shares of Common Stock which may be issued or delivered upon conversion of the Securities shall be validly issued, fully paid and non- assessable and shall be free from any preemptive rights. In order that the Issuer may issue shares of Common Stock upon conversion of the Securities, the Issuer will endeavor to comply with all applicable Federal and State securities laws and will endeavor to list such shares on each national or regional securities exchange on which the Common Stock is listed. If the taking of any action would cause an adjustment to the then prevailing conversion price or conversion rate which would result in shares of Common Stock being issued upon conversion of the Securities at an effective conversion price below the then par value, if any, of the Common Stock, or would raise the par value above the effective conversion price then in effect, the Issuer will take such corporate action as may, in the opinion of its counsel, be necessary in order that the Issuer may validly and legally issue fully paid and non-assessable shares of its Common Stock at such adjusted conversion price or conversion rate or the conversion price or conversion rate then in effect, as the case may be.
Issuer to Provide Stock. The Issuer and the Trust shall, prior to issuance of any Securities under this Article 11, and from time to time as may be necessary, reserve out of their authorized but unissued or treasury shares a sufficient number of Shares to permit the conversion of the Securities. All Shares delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly and validly issued and fully paid and nonassessable, and shall be free from preemptive rights and free of any lien or adverse claim. The Issuer and the Trust shall endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of Shares upon conversion of Securities, if any, including the addition of any and all restrictive legends that are required to appear on the face of the Shares, and shall list or cause to have quoted such Shares on each United States National Securities Exchange or in the automated over-the-counter market in the United States on which the Shares are then listed or quoted.
Issuer to Provide Stock. (a) The Issuer shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities into shares of Common Stock.
(b) The Issuer covenants that all shares of Common Stock delivered upon conversion of the Securities shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free of any lien or adverse claim.
(c) The Issuer will endeavor promptly to comply with all Federal and state securities laws regulating the offer and delivery of shares of Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each U.S. national securities exchange or in the over-the-counter market or such other market on which the Common Stock is then listed or quoted.
Issuer to Provide Stock. 62 Section 11.06. Adjustment for Change In Capital Stock....................................................... 62 Section 11.07.
Issuer to Provide Stock. The Issuer shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock to permit the conversion of all outstanding Securities into shares of Common Stock. All shares of Common Stock delivered upon conversion of the Securities shall be newly issued shares, shall be duly authorized, validly issued, fully paid and nonassessable and shall be free from preemptive rights and free of any lien or adverse claim. The Issuer will endeavor promptly to comply with all federal and state securities laws regulating the offer and delivery of shares of Common Stock upon conversion of Securities, if any, and will list or cause to have quoted such shares of Common Stock on each national securities exchange or on Nasdaq or other over-the-counter market or such other market on which the Common Stock is then listed or quoted; provided, however, that if rules of such automated quotation system or exchange permit the Issuer to defer the listing of such Common Stock until (a) the first conversion of the Securities into Common Stock in accordance with the provisions of this Indenture or (b) such other time, the Issuer covenants to list such Common Stock issuable upon conversion of the Securities in accordance with the requirements of such automated quotation system or exchange at such time. Any Common Stock issued upon conversion of a Security hereunder which at the time of conversion was a Restricted Security will also be a Restricted Security.
Issuer to Provide Stock. The Issuer and the Trust shall, prior to issuance of any Securities under this Article 11, and from time to time as may be necessary, reserve out of their authorized but unissued or treasury shares a sufficient number of Shares to permit the conversion of the Securities.
Issuer to Provide Stock. The Issuer shall reserve, free from preemptive rights, out of its authorized but unissued shares, sufficient shares to provide for the conversion of convertible Securities from time to time as such Securities are presented for conversion; provided, however, that nothing contained herein shall be construed to preclude the Issuer from satisfying its obligations in respect to the conversion of Securities by delivery of repurchased shares of Common Stock which are held in the treasury of the Issuer.
Issuer to Provide Stock. The Issuer shall reserve, free from preemptive rights, out of its authorized but unissued shares, sufficient shares to provide for the conversion of the Notes from time to time as such Notes are presented for conversion, provided that nothing contained in this Section 6.09 shall be construed to preclude the Issuer from satisfying its obligations in respect of the conversion of Notes by delivery of repurchased Ordinary Shares which are held in the treasury of the Issuer. If any Ordinary Shares to be reserved for the purpose of conversion of Notes hereunder require registration with or approval of any governmental authority under any Federal or state law before such shares may be validly issued or delivered upon conversion, then the Issuer covenants that it will in good faith and as expeditiously as possible use its reasonable efforts to secure such registration or approval, as the case may be; provided, however, that nothing in this Section 6.09 shall be deemed to limit in any way the obligations of the Issuer provided in this Article VI. The Issuer covenants that all Ordinary Shares which may be issued upon conversion of Notes will upon issue be fully paid and non-assessable by the Issuer and free of preemptive rights.
Issuer to Provide Stock. SECTION 14.10
