Common use of Issuer to Provide Stock Clause in Contracts

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.

Appears in 3 contracts

Samples: Senior Subordinated Indenture (Hawaiian Electric Industries Inc), Supplemental Indenture (Sunamerica Capital Trust Vi), Subordinated Indenture (Sunamerica Capital Trust Vi)

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Issuer to Provide Stock. To the extent that any Securities are convertible into securities of the Issuer, the The Issuer shall reserve, free from pre-emptive preemptive rights, out of its authorized but unissued securitiesshares, sufficient securities shares to provide for the conversion of the 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 of the conversion of Securities by delivery of repurchased Securities shares of Common Stock which are held in the treasury of the Issuer. If any securities shares of Common Stock to be reserved for the purpose of conversion of securities Securities hereunder require registration with or approval of any governmental authority under any Federal federal or State state law before such securities shares 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, ; provided however, that nothing in this Section 13.8 shall be deemed to affect in any way any obligation the obligations of the Issuer to convert SecuritiesSecurities into Common Stock as provided in this Article Thirteen. Before taking any action which would cause an adjustment reducing the Conversion Price below the then par value, if any, of such securitiesthe Common Stock, the Issuer will take all corporate action which may, in the Opinion opinion of Counselcounsel, be necessary in order that the Issuer may validly and legally issue fully paid and non-assessable such securities shares of Common Stock at such adjusted Conversion Price. The Issuer covenants that all securities shares of the Issuer Common Stock 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 preemptive rights.

Appears in 2 contracts

Samples: Subordinated Indenture (Service Corporation International), Subordinated Indenture (Service Corporation International)

Issuer to Provide Stock. To the extent that any Securities are convertible into securities of the Issuer, the The Issuer shall reserve, free from pre-emptive preemptive rights, out of its authorized but unissued securitiesshares, sufficient securities shares 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 shares of Common Stock which are held in the treasury of the Issuer. If any securities shares of Common Stock to be reserved for the purpose of conversion of securities Securities hereunder require registration with or approval of any governmental authority under any Federal or State state law before such securities shares may be validly issued or delivered upon conversion, then the Issuer covenants that it will in good faith and as expeditiously as possible endeavor use its best efforts to secure such registration or approval, as the case may be, provided, however, that nothing in this Section 14.9 shall be deemed to affect limit in any way any obligation the obligations of the Issuer to convert Securitiesprovided in this Article Fourteen. Before taking any action which would cause an adjustment reducing the Conversion Price below the then par value, if any, of such securitiesthe Common Stock, 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 shares of Common Stock at such adjusted Conversion Price. The Issuer covenants that all securities shares of the Issuer Common Stock 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 preemptive rights.

Appears in 2 contracts

Samples: First Supplemental Indenture (Emcor Group Inc), Supplemental Indenture (Emcor Group Inc)

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 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.

Appears in 1 contract

Samples: Supplemental Indenture (Sunamerica Inc)

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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-non- assessable by the Issuer and free of pre-emptive rights.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Hei Preferred Funding L P)

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