Common use of Reservation and Issuance of Underlying Securities Clause in Contracts

Reservation and Issuance of Underlying Securities. The Borrower covenants that it will at all times reserve and keep available out of its authorized and unissued Common Stock solely for the purpose of issuance upon conversion of the Loans, free from preemptive rights or any other actual contingent purchase rights of persons other than the Lender, not less than such number of shares of Common Stock as shall be issuable (taking into account the adjustments under this Section 2.10 but without regard to any ownership limitations contained herein). The Borrower covenants that all shares of Common Stock that shall be so issuable shall, upon issue, be duly authorized, validly issued, fully paid, nonassessable, freely tradeable and free of any liens, claims and encumbrances.

Appears in 1 contract

Samples: Credit Agreement (Hearusa Inc)

AutoNDA by SimpleDocs

Reservation and Issuance of Underlying Securities. The Borrower Company covenants that it will at all times reserve and keep available out of its authorized and unissued Common Stock solely for the purpose of issuance upon conversion of the Loansthis Note (including repayments in stock), free from preemptive rights or any other actual contingent purchase rights of persons other than the LenderHolder, not less than such a sufficient number of shares of Common Stock as shall be issuable (taking into account the adjustments under pursuant to this Section 2.10 Note but without regard to any ownership limitations contained herein)) upon the conversion of this Note. The Borrower Company covenants that all shares of Common Stock that shall be so issuable shall, upon issue, be duly authorized, validly issued, fully fully-paid, nonassessablenon-assessable shares of Common Stock of the Company, freely tradeable free and free clear of any liens, claims and encumbrancesall Encumbrances.

Appears in 1 contract

Samples: Mojo Data Solutions, Inc.

Reservation and Issuance of Underlying Securities. The Borrower Corporation covenants that it will at all times reserve and keep available out of its authorized and unissued Common Stock solely for the purpose of issuance upon conversion of the Loansthis Note (including repayments in stock), free from preemptive rights or any other actual contingent purchase rights of persons other than the Lenderholders of the Notes, not less than such number of shares of Common Stock as shall be issuable (taking into account the adjustments under this Section 2.10 but without regard to any ownership limitations contained herein3) upon the conversion of this Note hereunder in Common Stock (including repayments in stock). The Borrower Corporation covenants that all shares of Common Stock that shall be so issuable shall, upon issue, be duly authorized, validly issued, fully paid, nonassessable, nonassessable and freely tradeable and free of any liens, claims and encumbrancestradable.

Appears in 1 contract

Samples: Pet Express Supply Inc

AutoNDA by SimpleDocs

Reservation and Issuance of Underlying Securities. The Borrower Company covenants that that, beginning immediately after the Required Approvals (as defined below) are obtained, it will at all times reserve and keep available out of its authorized and unissued Common Stock solely for the purpose of issuance upon conversion of the Loansthis Note (including repayments in stock), free from preemptive rights or any other actual contingent purchase rights of persons other than the LenderHolder and the holders of the Amended and Restated Notes, not less than such an amount equal to the number of shares of Common Stock as shall be issuable (taking into account the adjustments under this Section 2.10 but without regard to any ownership limitations contained herein)Conversion Shares. The Borrower Company covenants that all shares of Common Stock that shall be so issuable shall, upon issue, be duly authorized, validly issued, fully paid, nonassessable, nonassessable and freely tradeable and free of any liens, claims and encumbrances.tradeable. (e)

Appears in 1 contract

Samples: Registration Rights Agreement (Isco International Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!