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 13 contracts
Samples: Supplemental Indenture (Prospect Capital Corp), Supplemental Indenture (Prospect Capital Corp), 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 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: Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.), Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.), Ladenburg Thalmann Financial Services (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: Us Homecare Corp, Us Homecare Corp, 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 (Andover Medical, 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: Stillwater Mining Company (Stillwater Mining Co /De/), Indenture (Fti Consulting Inc), Indenture (Ciena 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 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 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 (First Scientific Inc), Securities Purchase Agreement (E Automate Corp/De), Securities Purchase Agreement (E Automate Corp/De)
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 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 (Interlink Electronics Inc), Purchase Agreement (Primal Solutions Inc), Purchase Agreement (LOCAL.COM)
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: Purchase Agreement, Registration Rights Agreement (Idec Pharmaceuticals Corp / De), Purchase Agreement (Allergan 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, 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 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: Redeemable Preferred Stock Purchase Agreement (It Partners Inc), 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, 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 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 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 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: Letter Agreement (Province Healthcare Co), Purchase Agreement (Province Healthcare Co)
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: Portland General Electric Company (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, 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: Ciena Corp, Ciena Corp
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: Starr International Co Inc, China MediaExpress Holdings, 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 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 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: Registration Rights Agreement (Artesyn Technologies Inc), Registration Rights Agreement (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 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 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)
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 Warrant Shares and Conversion Securities pursuant to this Agreement.
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 the conversion exercise of Notesthe Warrants, the full number of shares of its Common Stock then issuable upon the conversion exercise of the Warrants. All shares of Common Stock which are so issuable shall, when issued upon the exercise of the Warrants, be duly and validly issued, fully paid and nonassessable and free from all Outstanding Notestaxes, liens and charges.
Appears in 1 contract
Reservation of Common Stock. The From and after the receipt of Stockholder Approval, 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 Conversion Shares.
Appears in 1 contract
Samples: Securities Purchase Agreement (Guardion Health Sciences, 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 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 currently has and 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 Notesthe warrants, 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, upon receipt by the conversion Company of all Outstanding Notesthe full payment therefor, shall be validly issued, fully paid, nonassessable and free of preemptive rights.
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.
Appears in 1 contract
Samples: Rhythms Net Connections 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 1 contract
Samples: Registration Rights Agreement (Finestar International LTD)
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
Samples: Janus Capital Group 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 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 1 contract
Samples: Purchase Agreement (Cryocon Inc)
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: Macquarie Infrastructure Corp
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 Class B Common Stock or shares held in treasury by the Company, for the purpose of effecting enabling the Company to satisfy any obligations to issue Class B 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 1 contract
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 1 contract
Reservation of Common Stock. The Company shall at all times reserve and keep available, free from preemptive pre-emptive 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 Notesthis Debenture, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Notessuch conversion.
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 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 Common Stock then issuable upon the conversion of all Outstanding NotesCompany to satisfy any obligations to issue Conversion Shares.
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
Samples: Warrant Agreement and Form of Warrant (Flag Financial Corp)
Reservation of Common Stock. (a) The Company shall at all times reserve and keep available, free from all liens, charges and security interests and not subject to any preemptive rights, out of the aggregate of its authorized but unissued shares of Common Stock or its issued shares of Common Stock held in treasury by the Companyits treasury, or both, solely for the purpose of effecting the conversion of NotesSeries A Preferred Stock, the full number of shares of Common Stock then issuable deliverable upon the conversion of all Outstanding Notesoutstanding shares of Series A Preferred Stock.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Primoris Services 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 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 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 Notes 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 Conversion Shares, the Interest Shares (assuming all Outstanding Notesinterest on the Notes is paid in Interest Shares) and the Warrant Shares.
Appears in 1 contract
Samples: Purchase Agreement (Media Sciences International 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 exercise of Notesthis Warrant, the full number of shares of Common Stock then issuable upon the conversion exercise of all Outstanding Notesthis Warrant.
Appears in 1 contract
Samples: Passport Brands, 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 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 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 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: Transkaryotic Therapies Inc
Reservation of Common Stock. (a) The Company shall at all times reserve and keep available, free from preemptive rights, out of its the authorized but unissued Common Stock or shares held in treasury by the CompanyStock, for the purpose of effecting the conversion of the Notes, the full maximum number of shares of Common Stock then issuable which the Company would be required to deliver upon the conversion of all Outstanding Notesthe Notes in accordance with Section 13.
Appears in 1 contract
Reservation of Common Stock. (a) The Company shall at all times reserve and keep available, free from all liens, charges and security interests and not subject to any preemptive rights, out of the aggregate of its authorized but unissued shares of Common Stock or its issued shares of Common Stock held in treasury by the Companyits treasury, or both, solely for the purpose of effecting the conversion of NotesSeries D Preferred Stock, the full number of shares of Common Stock then issuable deliverable upon the conversion of all Outstanding Notesoutstanding shares of Series D Preferred Stock.
Appears in 1 contract
Samples: Investment Agreement (Hartford Financial Services Group Inc/De)
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 issuable upon as shall from time to time equal the conversion number of all Outstanding NotesConversion Shares in accordance with their 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 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.
Appears in 1 contract
Reservation of Common Stock. (a) The Company shall will at all times reserve and keep available, free from preemptive rights, out of the aggregate of its authorized but unissued shares of Common Stock or and shares of Common Stock held in treasury by the Companyits Treasury, for the purpose of effecting enabling it to satisfy all obligations to issue shares of Common Stock upon the conversion exercise of Notes, Warrants 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 Notes, the full number of shares of Common Stock then issuable upon the conversion of all Outstanding Notes.. Section 4.06
Appears in 1 contract
Samples: www.sec.gov
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 the Company, for the purpose of effecting enabling the conversion of Notes, the full number of shares of Common Stock then issuable Company to satisfy any obligations to issue Conversion Shares upon the conversion of all Outstanding Notesthe Securities.
Appears in 1 contract
Samples: Hutchinson Technology Incorporated (Hutchinson Technology 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 and unissued Common Stock or shares held in treasury by the CompanyStock, solely for the purpose of effecting the conversion of Notesthe Note, 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 the conversion of all Outstanding NotesNote, upon receipt by the Company of the Notes surrendered for conversion, shall be validly issued, fully paid, nonassessable, and free of preemptive rights.
Appears in 1 contract
Samples: Uranium Resources Inc /De/
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: Dynegy Inc /Il/
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. (a) The Company shall at all times reserve and keep available, free from all liens, charges and security interests and not subject to any preemptive rights, out of the aggregate of its authorized but unissued shares of Common Stock or its issued shares of Common Stock held in treasury by the Companyits treasury, or both, solely for the purpose of effecting the conversion of NotesSeries B Preferred Stock, the full number of shares of Common Stock then issuable deliverable upon the conversion of all Outstanding Notesoutstanding shares of Series B Preferred Stock.
Appears in 1 contract
Samples: Investment Agreement (Hartford Financial Services Group Inc/De)
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 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. (a) The Company shall at all times reserve and keep available, free from all liens, charges and security interests and not subject to any preemptive rights, out of the aggregate of its authorized but unissued shares of Common Stock or its issued shares of Common Stock held in treasury by the Companyits treasury, or both, solely for the purpose of effecting the conversion of NotesSeries C Preferred Stock, the full number of shares of Common Stock then issuable deliverable upon the conversion of all Outstanding Notesoutstanding shares of Series C Preferred Stock.
Appears in 1 contract
Samples: Investment Agreement (Hartford Financial Services Group Inc/De)
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 of the Conversion Shares upon the conversion of Notes, the full number of Debenture. The Company shall take all such actions as may be necessary to assure that all such shares of Common Stock then issuable may be so issued without violation of any applicable law or governmental regulation or any requirements of any domestic securities exchange upon which shares of Common Stock may be listed (except for official notice of issuance which shall be immediately transmitted by the conversion of all Outstanding NotesCompany upon issuance).
Appears in 1 contract
Samples: Common Stock and Debenture Purchase Agreement (Venturian Corp)
Reservation of Common Stock. The Company shall at all times --------------------------- reserve and keep availablefor issuance, free from preemptive rightsrights and other rights to preempt or subscribe, 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 at least equal to the number of shares of Common Stock issuable upon conversion or exercise of the conversion of all Outstanding NotesConvertible Notes after giving effect to any anti-dilution adjustments then in effect.
Appears in 1 contract