Common use of Legality of Issuance Clause in Contracts

Legality of Issuance. Hecla hereby represents that the Shares are being issued without registration under the Securities Act of 1933, as amended, in reliance upon Section 3(a)(9) thereof and will be, when issued in accordance with this Agreement, duly issued, fully-paid, non-assessable and freely transferable shares of Common Stock, subject to listing on the New York Stock Exchange. Hecla will use its best reasonable commercial efforts to affect the listing of the Shares with the New York Stock Exchange. Holder hereby acknowledges that the Shares are being issued without registration under the Securities Act of 1933, as amended, in reliance upon Section 3(a)(9) thereof.