Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Notes.
Appears in 14 contracts
Samples: Supplemental Indenture, Supplemental Indenture (Prospect Capital Corp), Supplemental Indenture (Prospect Capital Corp)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion exercise of Notesthe Warrants, the full such number of shares of Common Stock then as shall from time to time equal the Warrant Shares issuable upon the conversion of all Outstanding Notesfrom time to time.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Precision Optics Corporation, Inc.), Purchase Agreement (PRECISION OPTICS Corp INC), Purchase Agreement (Viking Systems Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Shares and the Commitment Fee, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Shares and the Commitment Fee issued pursuant to this Agreement in accordance with their respective terms.
Appears in 10 contracts
Samples: Purchase Agreement (Genco Shipping & Trading LTD), Purchase Agreement (Genco Shipping & Trading LTD), Purchase Agreement (Genco Shipping & Trading LTD)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Shares and the exercise of the Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Shares and the exercise of the Warrants issued pursuant to this Agreement in accordance with their respective terms.
Appears in 8 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Visualant Inc), Preferred Stock and Warrant Purchase Agreement (Visualant Inc), Preferred Stock and Warrant Purchase Agreement (Visualant Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or shares out of the Common Stock held in treasury by the Company, for the purpose of effecting the conversion of Notestreasury, the full number of shares of Common Stock then as shall from time to time be issuable upon the conversion of all Outstanding Notesissued and outstanding Debentures.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Cryocon Inc), Securities Purchase Agreement (Flexpoint Sensor Systems Inc), Securities Purchase Agreement (Cryocon Inc)
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of preemptive rights, out rights of its authorized but unissued Common Stock refusal or shares held in treasury by the Company, for the purpose of effecting the conversion of Notesother similar rights, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Notesthe Securities.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc.), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc.), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc)
Reservation of Common Stock. The Company shall will at all times reserve and keep available, free from preemptive rightsor other rights of third parties, out for issuance upon the exercise of Warrants such number of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full number of shares of Common Stock then issuable upon as will be sufficient to permit the conversion exercise in full of all Outstanding Notesoutstanding Warrants, and upon such issuance such shares of Common Stock will be validly issued, fully paid and nonassessable and free from preemptive or other rights of third parties.
Appears in 6 contracts
Samples: Warrant Agreement (Us Homecare Corp), Warrant (Us Homecare Corp), Warrant (Us Homecare Corp)
Reservation of Common Stock. The Company shall at all times reserve and keep availablecontinue to reserve, free from of preemptive rightsrights and other similar contractual rights of stockholders, out a number of its authorized but unissued shares of Common Stock or shares held in treasury by not less than one hundred percent (100%) of the Company, for the purpose of effecting the conversion of Notes, the full aggregate number of shares of Common Stock then issuable upon to effect the conversion of all Outstanding Notesthe Preferred Shares and one hundred percent (100%) of the aggregate number of shares of Common Stock to effect the exercise of the Warrant.
Appears in 6 contracts
Samples: Securities Purchase Agreement (OptimizeRx Corp), Securities Purchase Agreement (OptimizeRx Corp), Securities Purchase Agreement (MDwerks, Inc.)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding outstanding Notes.
Appears in 6 contracts
Samples: First Supplemental Indenture (Global Crossing LTD), Indenture (Ciena Corp), Indenture (Fti Consulting Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Shares and the exercise of the Warrants, the full such number of shares of Common Stock then as shall from time to time equal the Conversion Shares and the Warrant Shares issuable upon the conversion of all Outstanding Notesfrom time to time.
Appears in 5 contracts
Samples: Purchase Agreement (PLx Pharma Inc.), Purchase Agreement (PLx Pharma Inc.), Purchase Agreement (Overland Storage Inc)
Reservation of Common Stock. The Company Corporation shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting issuance upon the conversion of Notesor otherwise pursuant to the terms of the Series B Preferred Stock, the full such number of shares of Common Stock then as are issuable upon the conversion of or otherwise pursuant to the terms of all Outstanding Notesoutstanding Series B Preferred Stock.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Airnet Communications Corp), Securities Purchase Agreement (Airnet Communications Corp), Securities Purchase Agreement (Airnet Communications Corp)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or shares out of the Common Stock held in treasury by the Company, for the purpose of effecting the conversion of Notestreasury, the full number of shares of Common Stock then as shall from time to time be issuable upon the conversion of all Outstanding Notesissued and outstanding Series 2000-A Preferred Stock and upon the exercise of all outstanding Warrants.
Appears in 3 contracts
Samples: Securities Purchase Agreement (E Automate Corp/De), Securities Purchase Agreement (E Automate Corp/De), Securities Purchase Agreement (First Scientific Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Debenture or the exercise of the Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Debentures and the exercise of the Warrants issued pursuant to this Agreement in accordance with their respective terms.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Triangle Petroleum CORP), Purchase Agreement (Triangle Petroleum CORP), Securities Purchase Agreement (Triangle Petroleum CORP)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Preferred Shares, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Preferred Shares issued pursuant to this Agreement in accordance with their respective terms.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Madrigal Pharmaceuticals, Inc.), Securities Purchase Agreement (Invitae Corp), Securities Purchase Agreement (Madrigal Pharmaceuticals, Inc.)
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting enabling the Company to satisfy any obligations to issue Common Stock upon conversion of Notes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding NotesSecurities.
Appears in 3 contracts
Samples: Annual Report, Purchase Agreement (Idec Pharmaceuticals Corp / De), Purchase Agreement (Allergan Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Preferred Shares and the exercise of the Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Preferred Shares and the exercise of the Warrants issued pursuant to this Agreement in accordance with their respective terms.
Appears in 3 contracts
Samples: Purchase Agreement (Ideal Power Inc.), Purchase Agreement (Selectica Inc), Purchase Agreement (Selectica Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Notes and the exercise of the Warrants, the full such number of shares of Common Stock then as shall from time to time equal the Conversion Shares issuable upon the due conversion of all Outstanding Notesthe Notes and the Warrant Shares issuable upon the due exercise of the Warrants in accordance with their respective terms.
Appears in 3 contracts
Samples: Purchase Agreement (Primal Solutions Inc), Purchase Agreement (Interlink Electronics Inc), Purchase Agreement (LOCAL.COM)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of the Notes, the full such number of shares of Common Stock then as shall from time to time equal the Conversion Shares issuable upon the conversion of all Outstanding Notesfrom time to time.
Appears in 3 contracts
Samples: Subordination Agreement (Overland Storage Inc), Subordination Agreement (Overland Storage Inc), Securities Purchase Agreement (Emerald Dairy Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Preferred Shares and the exercise of the Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the full conversion of all Outstanding Notesthe Preferred Shares and the exercise of the Warrants issued pursuant to this Agreement in accordance with their respective terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Celsion CORP), Securities Purchase Agreement (Celsion CORP)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting issuance upon the conversion or redemption of Notesthe Series D Preferred Shares, the full such number of shares of Common Stock then issuable upon the conversion or redemption of all Outstanding Notesoutstanding Series D Preferred Shares. All shares of Common Stock which are so issuable shall, when issued, be duly and validly issued, fully paid and nonassessable and free from all Taxes and Liens other than those created by the holder of such shares of Common Stock.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Xstream Systems Inc), Series D Preferred Stock Purchase Agreement (Xstream Systems Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Preferred Stock and the exercise of the Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Preferred Stock issued pursuant to this Agreement and the exercise of the Warrants issued pursuant to this Agreement in accordance with their respective terms.
Appears in 2 contracts
Samples: Purchase Agreement (Artisoft Inc), Purchase Agreement (Artisoft Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, for the purpose of effecting the conversion of Notes, the full such number of shares of Common Stock then as shall from time to time equal the number of shares of Common Stock issuable upon as Conversion Securities pursuant to this Agreement and the conversion of all Outstanding NotesDebentures.
Appears in 2 contracts
Samples: Securities Purchase Agreement (H/Cell Energy Corp), Securities Purchase Agreement (H/Cell Energy Corp)
Reservation of Common Stock. The Company Corporation shall at all times reserve and keep availablereserve, free from preemptive rights, out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting the conversion of Notesthe shares of Series E Preferred Stock, the full number of sufficient shares of Common Stock then issuable upon to provide for the conversion of all Outstanding Notesoutstanding shares of Series E Preferred Stock.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp)
Reservation of Common Stock. The Company Corporation shall at all times reserve and keep availablereserve, free from preemptive rights, out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting the conversion of Notesthe shares of Series B Preferred Stock, the full number of sufficient shares of Common Stock then issuable upon to provide for the conversion of all Outstanding Notesoutstanding shares of Series B Preferred Stock.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Preferred Stock and the exercise of the Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the conversion of all Outstanding NotesConversion Shares and the Warrant Shares.
Appears in 2 contracts
Samples: Purchase Agreement (Caprius Inc), Purchase Agreement (Caprius Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting the issue or delivery upon conversion of Notesthe Purchased Shares as provided in the Certificate of Incorporation, the full maximum number of shares of Common Stock then that may be issuable or deliverable upon such conversion. The Company shall issue such shares of Common Stock in accordance with the conversion terms of all Outstanding Notesthe Certificate of Incorporation and otherwise comply with the terms hereof and thereof.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Gt Interactive Software Corp), Stock Purchase Agreement (General Atlantic Partners LLC)
Reservation of Common Stock. The From and after the Effective Time, the Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion exercise of Notesthe Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal 100% of the conversion number of all Outstanding Notesshares sufficient to permit the exercise of the Warrants issued pursuant to this Agreement in accordance with their terms, without regard to any exercise limitations contained therein.
Appears in 2 contracts
Samples: Warrant Agreement (Idera Pharmaceuticals, Inc.), Warrant Agreement (Idera Pharmaceuticals, Inc.)
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of preemptive or other similar rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a sufficient number of shares of Common Stock, for the purposes of enabling the Company to satisfy any obligations to issue Underlying Common Stock then issuable upon the conversion of all Outstanding Notesthe Securities.
Appears in 2 contracts
Samples: Underwriting Agreement (Vertex Pharmaceuticals Inc / Ma), Underwriting Agreement (Vertex Pharmaceuticals Inc / Ma)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, for the purpose of effecting the conversion of Notes, the full such number of shares of Common Stock then as shall from time to time equal the number of shares of Common Stock issuable upon the conversion of all Outstanding Notesas Conversion Shares and Liquidated Damage Shares pursuant to this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (AMBER Ready, Inc), Purchase Agreement (AMBER Ready, Inc)
Reservation of Common Stock. The From and after the effectiveness of the Amendment, the Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Notes and the exercise of the Warrants, the full such number of shares of Common Stock then as shall from time to time equal the Conversion Shares issuable upon the due conversion of all Outstanding Notesthe Notes and the Warrant Shares issuable upon the due exercise of the Warrants in accordance with their respective terms.
Appears in 2 contracts
Samples: Purchase Agreement (Zila Inc), Purchase Agreement (Zila Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep availableavailable at all times, free from of preemptive rights, out shares of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting enabling the conversion of Notes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding NotesCompany to satisfy its obligations under this Agreement and any Confirmation (including with respect to each Supplemental Confirmation executed in connection with any Master Forward Confirmation).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Portland General Electric Co /Or/), Equity Distribution Agreement (Portland General Electric Co /Or/)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion exercise of Notesthe Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the conversion number of all Outstanding Notesshares sufficient to permit the issuance of the Warrant Shares pursuant to the Transaction Documents in accordance with their respective terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement (St Cloud Capital Partners Lp), Securities Purchase Agreement (National Holdings Corp)
Reservation of Common Stock. The Company shall at all times provide for, reserve and keep available, free from preemptive rights, available out of its authorized but unissued Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting issuance upon conversion or exchange of the conversion of NotesPreferred Stock, the full such number of shares of Common Stock as shall then be issuable upon the conversion or exchange of all Outstanding Notesissued and outstanding shares of Preferred Stock.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Plains Resources Inc), Stock Purchase Agreement (Plains Resources Inc)
Reservation of Common Stock. The Company shall at all times shall reserve and keep available, free from of preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, solely for the purpose of effecting the issuance and delivery upon conversion of Notesthe Convertible Note and upon exercise of the Warrants, the full number of shares of Common Stock then Conversion Shares and Warrants Shares, as the case may be, from time to time issuable upon the conversion of all Outstanding Notesthe Convertible Note or upon exercise of the Warrants, in each case at the time outstanding.
Appears in 2 contracts
Samples: Investment Agreement (Apollo Medical Holdings, Inc.), Investment Agreement (Healthways, Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Debentures and the exercise of the Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Debentures and the exercise of the Warrants issued pursuant to this Agreement in accordance with their respective terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Medgenics, Inc.), Purchase Agreement (World Heart Corp)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Debentures and the exercise of the Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Debentures and the exercise of the Warrants in accordance with their respective terms.
Appears in 2 contracts
Samples: Debenture and Warrant Purchase Agreement (Antares Pharma Inc), Debenture and Warrant Purchase Agreement (Antares Pharma Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting issuance upon the conversion or redemption of Notesthe Series A Preferred Shares, the full such number of shares of Common Stock then issuable upon the conversion or redemption of all Outstanding Notesoutstanding Series A Preferred Shares. All shares of Common Stock which are so issuable shall, when issued, be duly and validly issued, fully paid and nonassessable and free from all Taxes and Liens other than those created by the holder of such shares of Common Stock.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Xstream Systems Inc), Series a Preferred Stock Purchase Agreement (Xstream Systems Inc)
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of preemptive rights, out a sufficient number of its authorized but unissued shares of the Common Stock or shares held in treasury by the Company, for the purpose of effecting enabling the Company to satisfy any obligation to issue shares of the Common Stock upon conversion of Notes, the full number Securities in accordance with the terms of shares the Articles of Common Stock then issuable upon the conversion of all Outstanding NotesAmendment.
Appears in 2 contracts
Samples: Underwriting Agreement (Dynex Capital Inc), Underwriting Agreement (Dynex Capital Inc)
Reservation of Common Stock. The Company shall at all times reserve, and continue to reserve and keep availableavailable at all times, free from of preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a sufficient number of shares of Common Stock then for the purpose of enabling the Company to issue all of the shares of Common Stock issuable upon exercise of the conversion of all Outstanding NotesPre-Funded Warrant.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Disc Medicine, Inc.), Securities Purchase Agreement (ImmunoGen, Inc.)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free and clear of all liens, security interests, charges and other encumbrances or restrictions on sale, free from preemptive rights, out a number of its authorized but unissued shares of Common Stock or that will be sufficient to satisfy its obligation to issue shares held in treasury by the Companyupon exercise of all outstanding Warrants and, for the purpose from time to time, will take all steps necessary to amend its Certificate of effecting the conversion of Notes, the full number Incorporation to provide sufficient reserves of shares of Common Stock then issuable upon exercise of the conversion of all Outstanding NotesWarrants.
Appears in 2 contracts
Samples: Warrant Agreement (Starr International Co Inc), Warrant Agreement (China MediaExpress Holdings, Inc.)
Reservation of Common Stock. The Company Corporation shall at all times reserve and keep availablereserve, free from preemptive rights, out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting the conversion of Notesthe shares of Series A Preferred Stock, the full number of sufficient shares of Common Stock then issuable upon to provide for the conversion of all Outstanding Notesoutstanding shares of Series A Preferred Stock.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp)
Reservation of Common Stock. The Company shall at all times shall reserve and keep available, free from of preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, solely for the purpose of effecting the issuance and delivery upon conversion of Notesthe Preferred Shares and upon exercise of the Warrants, the full number of shares of Common Stock then from time to time issuable upon the conversion of all Outstanding Notesof the Preferred Shares or upon exercise of the Warrants, in each case at the time outstanding.
Appears in 2 contracts
Samples: Investment Agreement (Itc Deltacom Inc), Investment Agreement (Itc Deltacom Inc)
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a sufficient number of shares of Common Stock then issuable for the purpose of enabling the Company to satisfy any obligations to issue Common Stock upon the conversion of all Outstanding the Notes.
Appears in 2 contracts
Samples: Purchase Agreement (Province Healthcare Co), Purchase Agreement (Province Healthcare Co)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Note and the exercise of the Warrant, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the conversion number of all Outstanding Notesshares sufficient to permit the issuance of the Conversion Shares and the Warrant Shares pursuant to the Transaction Documents in accordance with their respective terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement (National Holdings Corp), Securities Purchase Agreement (National Holdings Corp)
Reservation of Common Stock. The Company shall will at all times have authorized, and reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting enabling it to satisfy any obligation to issue Common Stock upon a redemption of the conversion of NotesSeries C Preferred, the full number of shares of Common Stock then issuable deliverable upon the conversion redemption of all Outstanding Notesoutstanding shares of Series C Preferred.
Appears in 2 contracts
Samples: 12% Series C Senior Redeemable Preferred Stock Purchase Agreement (It Partners Inc), 12% Series C Senior Redeemable Preferred Stock Purchase Agreement (It Partners Inc)
Reservation of Common Stock. The Company shall at all times ---------------------------- reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the CompanyStock, for the purpose of effecting the conversion of Notesthe Security, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Notesthis Security.
Appears in 2 contracts
Samples: Convertible Note Agreement (Artesyn Technologies Inc), Convertible Note (Artesyn Technologies Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion exercise of Notesthe Warrants, the full such number of shares of Common Stock then as shall from time to time equal the number of Warrant Shares issuable upon pursuant to the conversion of all Outstanding Notesthen-outstanding Warrants.
Appears in 2 contracts
Samples: Notes and Warrants Purchase Agreement (Chinacast Education Corp), Notes and Warrants Purchase Agreement (Fir Tree Inc.)
Reservation of Common Stock. The Company shall at all times reserve and keep availableavailable at all times, free from of preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a sufficient number of shares of Common Stock then issuable upon for the conversion purpose of all Outstanding Notesenabling the Company to issue Shares pursuant to this Agreement and Warrant Shares pursuant to the Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Immune Response Corp), Securities Purchase Agreement (Immune Response Corp)
Reservation of Common Stock. The Company Corporation shall at all times reserve and keep availablereserve, free from preemptive rights, out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting the conversion of Notesthe shares of Series D Preferred Stock, the full number of sufficient shares of Common Stock then issuable upon to provide for the conversion of all Outstanding Notesoutstanding shares of Series D Preferred Stock.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but and unissued Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion exercise of Notesthis Warrant, the full such number of shares of Common Stock then as shall, from time to time, be sufficient therefor. The Company covenants that all shares of Common Stock issuable upon exercise of this Warrant when paid for in accordance with the conversion of all Outstanding Notesrespective terms hereof, shall be validly issued, fully paid and nonassessable by the Company.
Appears in 2 contracts
Samples: Warrant Agreement (Bizness Online Com), Warrant Agreement (Cafe La France Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion exercise of Notesthe Warrants, the full such number of shares of Common Stock then as shall from time to time equal the Warrants Shares issuable upon the conversion of all Outstanding Notesfrom time to time.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Long-E International, Inc.), Securities Purchase Agreement (Unipro Financial Services Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding NotesNotes (assuming that Physical Settlement were applicable).
Appears in 2 contracts
Samples: Indenture (Ciena Corp), Indenture (Ciena Corp)
Reservation of Common Stock. The Company Corporation shall at all --------------------------- times reserve and keep availablereserve, free from preemptive rights, out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting the conversion of Notesthe shares of Series B Preferred Stock, the full number of sufficient shares of Common Stock then issuable upon to provide for the conversion of all Outstanding Notesoutstanding shares of Series B Preferred Stock.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (3 Dimensional Pharmaceuticals Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting issuance upon the conversion of Notesthe Shares, one hundred percent (100%) of the full applicable number of shares of Common Stock then issuable as is expressly permitted to be issued from time to time upon the conversion of all Outstanding Notesthe Shares outstanding at the time, in accordance with the Statement of Designation.
Appears in 1 contract
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of any preemptive rights, out shares of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting enabling the conversion of Notes, the full number of Company to satisfy any obligations to issue shares of Common Stock then issuable upon the conversion of all Outstanding Notesthe Shares.
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Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting the conversion of Notesthe shares of Preferred Stock, the full such number of its shares of Common Stock then issuable upon as shall from time to time be sufficient to effect the conversion of all Outstanding Notes.outstanding shares of Preferred Stock, and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient so to reserve, and keep available Common Stock to effect the conversion
Appears in 1 contract
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Preferred Stock and the exercise of the Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal 100% of the number of shares sufficient to permit the conversion of all Outstanding Notesthe Preferred Stock and the exercise of the Warrants issued pursuant to this Agreement in accordance with their respective terms, without regard to any exercise limitations contained therein.
Appears in 1 contract
Samples: Securities Purchase Agreement (Novelos Therapeutics, Inc.)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Notes and the exercise of the Warrants, the full such number of shares of Common Stock then as shall from time to time equal the Conversion Shares and the Warrant Shares issuable upon the conversion of all Outstanding Notesfrom time to time.
Appears in 1 contract
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Shares (without regard to any limitations on conversion of the Shares), the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Shares issued pursuant to this Agreement (without regard to any limitations on conversion of the Shares) in accordance with their respective terms.
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Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Shares, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Shares in accordance with their terms.
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Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the Company, solely for the purpose issuance and delivery of effecting the Common Stock upon conversion of Notesthe Restricted Preferred Stock, the full maximum number of shares of Common Stock then that may be issuable upon the conversion of all Outstanding Notesor deliverable thereupon.
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Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Convertible Note and exercise of the Common Stock Warrant, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Convertible Note and exercise of the Common Stock Warrant issued pursuant to this Agreement in accordance with their respective terms.
Appears in 1 contract
Samples: Securities Purchase Agreement (Molecular Insight Pharmaceuticals, Inc.)
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of preemptive or other similar rights, out a sufficient number of its authorized but and unissued shares of Common Stock or shares held in treasury by the Company, for the purpose of effecting enabling the conversion of Notes, the full number of shares of Company to satisfy any obligations to issue Common Stock then issuable upon the conversion of all Outstanding Notes.the Securities
Appears in 1 contract
Reservation of Common Stock. The Company shall Corporation at all times shall reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting the conversion of Notesthe shares of the Preferred Stock, the full such number of its shares of Common Stock then issuable upon as from time to time shall be sufficient to effect the conversion of all Outstanding Notesoutstanding shares of the Preferred Stock.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Berger Holdings LTD)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Notes and/or Preferred Stock, if any, and the full exercise of the Warrants such number of shares of Common Stock then as shall from time to time equal the Warrant Shares issuable upon from time to time and shares of Common Stock underlying the conversion of all Outstanding NotesNotes and/or Preferred Stock, if any.
Appears in 1 contract
Samples: Securities Purchase Agreement (Long-E International, Inc.)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Preferred Shares and the exercise of the Warrants, the full a sufficient number of shares of Common Stock then issuable for a full conversion of the outstanding Preferred Shares and the exercise of all outstanding Warrants, based upon the conversion price of all Outstanding Notesthe Preferred Shares and the exercise price of the Warrants on that date.
Appears in 1 contract
Samples: Subscription Agreement for Series a Convertible Preferred Stock (Identica Holdings Corp)
Reservation of Common Stock. The Company shall at all times To reserve and keep availableavailable at all times, free from of preemptive rights, out shares of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of Notes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Notes.
Appears in 1 contract
Samples: Underwriting Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Preferred Stock, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Preferred Stock issued pursuant to this Agreement in accordance with its terms.
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Reservation of Common Stock. The Company shall at all times provide for, reserve and keep available, free from preemptive rights, available out of its authorized but unissued Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting issuance upon conversion or exchange of the conversion of NotesShares, the full such number of shares of Common Stock as shall then be issuable upon the conversion or exchange of all Outstanding Notesissued and outstanding shares of Shares.
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Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion exercise of Notesthe Placement Warrants, the full such number of shares of Common Stock then as shall from time to time equal the Placement Warrant Shares issuable upon the conversion of all Outstanding Notesfrom time to time.
Appears in 1 contract
Reservation of Common Stock. The Company shall at all times reserve and keep availableprovide, free from preemptive rights, out of its the Company’s authorized but unissued Common Stock shares or shares held in treasury by the Companytreasury, for the purpose of effecting the conversion of Notes, the full number of sufficient shares of Common Stock then issuable upon the to provide for conversion of the Notes from time to time as such Notes are presented for conversion (expressed in thousands and assuming delivery of the maximum number of Additional Shares pursuant to Section 8.03 and that at the time of computation of such number of shares, all Outstanding Notessuch Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: Third Supplemental Indenture (Macquarie Infrastructure Corp)
Reservation of Common Stock. The Company shall at all times reserve and continue to reserve and keep availableavailable at all times, free from of preemptive rights, out a number of shares of its duly authorized but unissued Common Stock or shares held in treasury by equal to the Company, for the purpose of effecting the conversion of Notes, the full maximum number of shares of Common Stock then issuable upon the conversion of all Outstanding Notesthe Notes and upon exercise of the Pre-Funded Warrants for the purpose of enabling the Company to issue the Shares pursuant to any conversion of the Notes and/or exercise of the Pre-Funded Warrants.
Appears in 1 contract
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Notes and exercise of the Warrants, the full such number of shares of Common Stock then as shall from time to time equal the Note Shares and Warrant Shares issuable upon the conversion of all Outstanding Notesfrom time to time.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ardmore Holding CORP)
Reservation of Common Stock. The Upon receipt of Stockholder Approval and effectiveness of the Capital Event, the Company shall reserve and shall thereafter keep available at all times reserve and keep availabletimes, free from of preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a sufficient number of shares of Common Stock then issuable upon for the conversion purpose of all Outstanding Notesenabling the Company to issue Warrant Shares.
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Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of preemptive or other similar rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a sufficient number of shares of Common Stock then for the purpose of enabling the Company to satisfy any obligations to issue the Common Stock issuable upon the conversion of all Outstanding Notesthe Securities.
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Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the CompanyStock, for the purpose of effecting the conversion exercise of Notesthis Warrant, the full number of shares of Common Stock then issuable upon the conversion exercise of all Outstanding Notesthis Warrant.
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Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from preemptive of pre-emptive or other similar rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a sufficient number of shares of Common Stock, for the purposes of enabling the Company to satisfy any obligations to issue Common Stock then issuable upon the conversion of all Outstanding Notesthe Securities.
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Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion exercise of Notesthe Class A Warrants, the full such number of shares of Common Stock then issuable upon as shall be required to issue the conversion of all Outstanding NotesWarrant Shares.
Appears in 1 contract
Samples: Securities Purchase Agreement (China Yida Holding, Co.)
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of preemptive rights, out shares of its authorized but unissued Common Stock or shares held in treasury by common stock, par value $0.01, of the Company, Company for the purpose of effecting enabling the conversion of Notes, Company to satisfy all obligations to issue the full Underlying Shares and the maximum number of shares of Common Stock then Warrant Securities issuable upon exercise and settlement or termination of the conversion of all Outstanding Notestransactions evidenced by the Warrant Confirmations.
Appears in 1 contract
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full such number of shares of Common Stock then issuable upon as shall from time to time permit the conversion full issuance of all Outstanding Notesthe Conversion Shares, the Interest Shares, the Conversion Shares and the Warrant Shares.
Appears in 1 contract
Samples: Purchase Agreement (Goamerica Inc)
Reservation of Common Stock. The Company shall will at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting issuance upon the conversion of Notesthe Preferred Stock, the full such number of shares of Common Stock then issuable upon the conversion of all Outstanding Notesoutstanding Preferred Stock.
Appears in 1 contract
Samples: Stock Purchase Agreement (Monitronics International Inc)
Reservation of Common Stock. The Company shall at all times use its commercially reasonable efforts to reserve and continue to reserve and keep availableavailable at all times, free from of preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a sufficient number of shares of Common Stock then issuable upon for the conversion purpose of all Outstanding Notesenabling the Company to issue Warrants Shares pursuant to this Agreement and the Warrants.
Appears in 1 contract
Samples: Warrant Agreement (Us Dataworks Inc)
Reservation of Common Stock. The Company shall at all times continue to reserve and keep availableavailable at all times, free from of preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full that number of shares of Common Stock then issuable upon the conversion of all Outstanding Notesthe Note, the Warrants and the Preferred Stock held by the Investor.
Appears in 1 contract
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Notes and the Shares and the exercise of the Warrants, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the conversion number of all Outstanding Notesshares sufficient to permit the issuance of the Conversion Shares and the Warrant Shares pursuant to the Transaction Documents in accordance with their respective terms.
Appears in 1 contract
Samples: Securities Purchase Agreement (Olympic Cascade Financial Corp)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Series A Preferred Stock, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the conversion of all Outstanding Notesthe Series A Preferred Stock issued pursuant to this Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement (WaterPure International)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting issuance upon the conversion of Notesthe Series A Preferred Shares, the full such number of shares of Common Stock then issuable upon the conversion of all Outstanding Notesoutstanding Series A Preferred Shares.
Appears in 1 contract
Samples: Series a Cumulative Convertible Preferred Stock Purchase Agreement (Castle a M & Co)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the exercise of the Warrants and the conversion of Notesthe Debenture, the full such number of shares of Common Stock then issuable upon as shall from time to time equal the number of shares sufficient to permit the exercise of the Warrants and the conversion of all Outstanding Notesthe Debenture issued pursuant to this Agreement in accordance with their respective terms.
Appears in 1 contract
Reservation of Common Stock. The Company Corporation shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, for the purpose of effecting the conversion of the Notes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Notesoutstanding Notes and shall take all action necessary so that shares of Common Stock so issued will be validly issued, fully paid, and nonassessable.
Appears in 1 contract
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of preemptive or other similar rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a sufficient number of shares of Common Stock, for the purposes of enabling the Company to satisfy any obligations to issue Common Stock then issuable upon the conversion of all Outstanding Notesthe Securities.
Appears in 1 contract
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from preemptive of pre-emptive rights, out shares of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of Notes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding NotesSecurities.
Appears in 1 contract
Samples: Underwriting Agreement (Transkaryotic Therapies Inc)
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from of any preemptive rights, out shares of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting enabling the conversion of Notes, the full number of Company to satisfy any obligations to issue shares of Common Stock then issuable upon in exchange for the conversion of all Outstanding NotesSecurities.
Appears in 1 contract
Samples: Purchase Agreement (Innovative Industrial Properties Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose purposes of effecting the issuance upon conversion of NotesPreferred Shares, the full such number of shares of Common Stock then as are equal to the Conversion Shares issuable upon the conversion of all Outstanding Notesthe outstanding Preferred Shares. All shares of Common Stock which are so issuable shall, when issued, be duly and validly issued, fully paid and nonassessable.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Ep Medsystems Inc)
Reservation of Common Stock. The Company shall at all times will reserve and keep availableavailable at all times, free from preemptive of pre-emptive rights, out shares of its authorized but unissued Common Stock or shares held in treasury by equal to the Company, maximum number of Underlying Securities for the purpose of effecting enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of Notes, the full number of Securities The Company will use its best efforts to cause any such shares of Common Stock then issuable to be listed on Nasdaq upon the conversion of all Outstanding Notesissuance.
Appears in 1 contract
Samples: Purchase Agreement (Cinedigm Corp.)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of the aggregate of its authorized but unissued Common Stock or shares held in treasury by the CompanyStock, for the purpose of effecting the conversion of Notes, the full a number of shares of Common Stock then issuable which may be deliverable upon the conversion of all Outstanding the Convertible Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Physician Partners Inc)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting providing for the conversion of Notesthe Series A-2 Preferred Stock, the full such number of shares of Common Stock then issuable upon as shall from time to time equal to the number of shares sufficient to permit the conversion of all Outstanding Notesthe Series A-2 Preferred Stock pursuant to this Agreement in accordance with its terms, without regard to any exercise limitations contained therein.
Appears in 1 contract
Reservation of Common Stock. The At all times the Company shall will at all times reserve and keep available, free from preemptive rights, out of the aggregate of its authorized but unissued Common Stock or shares and Common Stock held in treasury by the Companyits treasury, for the purpose of effecting enabling it to satisfy any obligation to issue Common Stock upon the conversion exercise of NotesWarrants, the full maximum number of shares of Common Stock then issuable which are required to be delivered upon the conversion exercise of all Outstanding Notesoutstanding Warrants.
Appears in 1 contract
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of NotesDebentures, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Notesoutstanding Debentures.
Appears in 1 contract
Samples: Indenture (Dynegy Inc /Il/)
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but and unissued Class A Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting issuance upon the conversion of Notesshares of Series A Preferred Stock as provided in Section 9 hereof, the full free from any preemptive or other similar rights, such number of shares of Class A Common Stock then as shall from time to time be issuable upon the conversion of all Outstanding Notesthe shares of Series A Preferred Stock then outstanding.
Appears in 1 contract
Samples: Stock Purchase Agreement (Entercom Communications Corp)
Reservation of Common Stock. The Subject to the Stockholder Approval, the Company shall at all times will reserve and keep availableavailable at all times, free from of preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a sufficient number of shares of Common Stock then issuable for the purpose of enabling the Company to issue all of the Warrant Shares upon the conversion of all Outstanding Notesany Pre-Funded Warrant or Warrant.
Appears in 1 contract
Samples: Securities Purchase Agreement (Syros Pharmaceuticals, Inc.)
Reservation of Common Stock. The Company shall at all times reserve and keep availableavailable out of its authorized but unissued shares of Common Stock for issuance under this Agreement, free from preemptive rights, out of its authorized but unissued Common Stock or shares held in treasury by the Company, for the purpose of effecting the conversion of Notes, the full a number of shares of Common Stock then issuable upon equal to the conversion number of all Outstanding NotesRestricted Shares to be issued hereunder.
Appears in 1 contract
Samples: Stock Appreciation Rights Agreement (Ssa Global Technologies, Inc)