Common use of Reservation of Shares; Listing; Payment of Taxes; etc Clause in Contracts

Reservation of Shares; Listing; Payment of Taxes; etc. (a) The Company covenants that it will at all times reserve and keep available out of its authorized Common Stock, solely for the purpose of issue upon exercise of Warrants, such number of shares of Common Stock as shall then be issuable upon the exercise of all outstanding Warrants. The Company covenants that all Warrant Shares issuable upon exercise of Warrants shall, at the time of delivery, be duly and validly issued, fully paid, non-assessable and free from all taxes, liens and charges with respect to the issue thereof and that upon issuance such Warrant Shares shall be listed on each national securities exchange or eligible for inclusion in each automated quotation system, if any, on which the other shares of outstanding Common Stock of the Company are then listed or eligible for inclusion. (b) The Company shall pay all documentary, stamp or similar taxes and other governmental charges that may be imposed with respect to the issuance of Warrants, or the issuance, or delivery of the Warrant Shares; provided, however, that if the Warrant Shares are to be delivered in a name other than the name of the Registered Holder of the Warrant Certificate representing any Warrant being exercised, then no such delivery shall be made unless the person requesting the same has paid to the Company the amount of transfer taxes or charges incident thereto, if any.

Reservation of Shares; Listing; Payment of Taxes; etc. (a) The Company covenants that it will at all times reserve and keep available out of its authorized Common Stock, solely for the purpose of issue upon exercise of Warrants, such number of shares of Common Stock as shall then be issuable upon the exercise of all outstanding Warrants. The Company covenants that all Warrant Shares shares of Common Stock which shall be issuable upon exercise of the Warrants shall, at the time of delivery, be duly and validly issued, fully paid, non-assessable and free from all taxes, liens and charges with respect to the issue thereof (other than those which the Company shall promptly pay or discharge) and that upon issuance such Warrant Shares shares shall be listed on each national securities exchange or eligible for inclusion in each automated quotation system, if any, on which the other shares of outstanding Common Stock of the Company are then listed or eligible for inclusion. (b) The Company shall pay all documentary, stamp or similar taxes and other governmental charges that may be imposed with respect to the issuance of Warrants, or the issuance, or delivery of any shares upon exercise of the Warrant SharesWarrants; provided, however, that if the Warrant Shares shares of Common Stock are to be delivered in a name other than the name of the Registered Holder of the Warrant Certificate representing any Warrant being exercised, then no such delivery shall be made unless the person requesting the same has paid to the Company the amount of transfer taxes or charges incident thereto, if any.

Reservation of Shares; Listing; Payment of Taxes; etc. (a) The Company covenants that it will at all times reserve and keep available out of its authorized Common Stockcapital stock, solely for the purpose of issue upon on exercise of Warrants, such number number, series and classes of shares of Common Stock and, as applicable, other securities, rights and interests as shall then be issuable upon on the exercise of all outstanding Warrants. The Company covenants that all Warrant Shares shares of capital stock of the Company that shall be issuable upon on exercise of the Warrants shall, at the time of delivery, be duly and validly issued, fully paid, non-assessable and free from all taxes, liens and charges with respect to the issue thereof (other than those that the Company shall promptly pay or discharge) and that upon issuance that, on issuance, any such Warrant Shares shares issued in the form of Common Stock shall be listed on each national securities exchange or eligible for inclusion in each automated quotation system, if any, on which the other shares of outstanding Common Stock of the Company are then listed or eligible for inclusion. (b) The Company shall pay all documentary, stamp or similar taxes and all other governmental charges that may be imposed or incurred with respect to the issuance of Warrants, or the issuance, or listing and/or delivery of any shares on exercise of the Warrant SharesWarrants; provided, however, that if the Warrant Shares shares of Common Stock are to be delivered in a name other than the name of the Registered Holder of the Warrant Certificate representing any Warrant being exercised, then no such delivery shall be made unless the person requesting the same has paid to the Company the amount of transfer taxes or charges payable to third parties that are incurred by the Company incident thereto, if any.

Reservation of Shares; Listing; Payment of Taxes; etc. (a) The Company has reserved, and covenants that it will at all times reserve and keep available out of its authorized Common Stock, solely for the purpose of issue issuance upon exercise of Warrants, such number of shares of Common Stock as shall then be issuable upon the exercise of all outstanding Warrants. The Company covenants that all Warrant Shares shares of Common Stock which shall be issuable upon exercise of the Warrants shall, at the time of delivery, be duly and validly issued, fully paid, non-assessable nonassessable and free from all taxes, liens and charges with respect to the issue issuance thereof (other than those which the Company shall promptly pay or discharge) and that upon issuance such Warrant Shares shares shall be listed on each national securities exchange or eligible for inclusion in each automated quotation systemexchange, if any, on which the other shares of outstanding Common Stock of the Company are then listed or eligible for inclusionor, if applicable, The Nasdaq Stock Market. (b) The Company hereby agrees that, so long as any unexpired Warrants remain outstanding, the Company will file such post-effective amendments to the Registration Statement as may be necessary to permit it to deliver to each person exercising a Warrant a prospectus meeting the requirements of Section 10(a)(3) of the Act and otherwise complying therewith, and will deliver such a prospectus to each such person. (c) The Company shall pay all documentary, stamp or similar taxes and other governmental charges that may be imposed with respect to the issuance of Warrants, Warrants or the issuance, or delivery of the Warrant Shares; provided, however, that if the Warrant Shares are to be delivered in a name other than the name of the Registered Holder of the Warrant Certificate representing any Warrant being exercised, then no such delivery shall be made unless the person requesting the same has paid to the Company the amount of transfer taxes or charges incident thereto, if any.issuance or

Reservation of Shares; Listing; Payment of Taxes; etc. (a) The Company covenants that it will at all times reserve and keep available out of its authorized Common Stock, solely for the purpose of issue upon on exercise of Warrants, such number of shares of Common Stock as shall then be issuable upon on the exercise of all outstanding Warrants. The Company covenants that all Warrant Shares shares of Common Stock that shall be issuable upon on exercise of the Warrants shall, at the time of delivery, be duly and validly issued, fully paid, non-assessable and free from all taxes, liens and charges with respect to the issue thereof (other than those that the Company shall promptly pay or discharge) and that upon on issuance such Warrant Shares shares shall be listed on each national securities exchange or eligible for inclusion in each automated quotation system, if any, on which the other shares of outstanding Common Stock of the Company are then listed or eligible for inclusion. (b) The Company shall pay all documentary, stamp or similar taxes and other governmental charges that may be imposed with respect to the issuance of Warrants, or the issuance, or delivery of any shares on exercise of the Warrant SharesWarrants; provided, however, that if the Warrant Shares shares of Common Stock are to be delivered in a name other than the name of the Registered Holder of the Warrant Certificate representing any Warrant being exercised, then no such delivery shall be made unless the person requesting the same has paid to the Company the amount of transfer taxes or charges incident thereto, if any.

Reservation of Shares; Listing; Payment of Taxes; etc. (a) The Company covenants that it will at all times reserve and keep available out of its authorized Common Stock, solely for the purpose of issue upon exercise of Warrants, such number of shares of Common Stock as shall then be issuable upon the exercise of all outstanding Warrants. The Company covenants that all Warrant Shares shares of Common Stock which shall be issuable upon exercise of the Warrants shall, at the time of delivery, be duly and validly issued, fully paid, non-assessable nonassessable and free from all taxes, liens and charges with respect to the issue thereof (other than those which the Company shall promptly pay or discharge) and that upon issuance such Warrant Shares shares shall be listed on each national securities exchange or eligible for inclusion in each automated quotation system, if any, on which the other shares of outstanding Common Stock of the Company are then listed or eligible for inclusion. (b) The Warrants are subject to a Registration Rights Agreement dated May 28, 1999 by and between the Company and the Registered Holder. (c) The Company shall pay all documentary, stamp or similar taxes and other governmental charges that may be imposed with respect to the issuance of Warrants, or the issuance, or delivery of any shares upon exercise of the Warrant SharesWarrants; provided, however, that if the Warrant Shares shares of Common Stock are to be delivered in a name other than the name of the Registered Holder of the Warrant Certificate representing any Warrant being exercised, then no such delivery shall be made unless the person requesting the same has paid to the Company the amount of transfer taxes or charges incident thereto, if any.

Reservation of Shares; Listing; Payment of Taxes; etc. (a) The Company covenants that it will at all times always reserve and keep available out of its authorized Common Stock, solely for the purpose of issue upon exercise of Warrants, such number of shares of Common Stock as shall will then be issuable upon the exercise of all outstanding Warrants. The Company covenants that all Warrant Shares shares of Common Stock which will be issuable upon exercise of the Warrants shalland payment of the Purchase Price will, at the time of delivery, be duly and validly issued, fully paid, non-assessable nonassessable and free from all taxes, liens and charges with respect to the issue thereof and (other than those that upon issuance such Warrant Shares shall be listed on each national securities exchange or eligible for inclusion in each automated quotation system, if any, on which the other shares of outstanding Common Stock arise because of the Company are then listed action or eligible for inclusioninaction of the Registered Holder). (b) The Company shall will use reasonable efforts to obtain appropriate approvals or registrations under state "blue sky" securities laws with respect to the exercise of the Warrants; provided, however, that the Company will not be obligated to file any general consent to service of process or qualify as a foreign corporation in any jurisdiction. With respect to any such securities laws, however, Warrants may not be exercised by, or shares of Common Stock issued to, any Registered Holder in any state in which such exercise would be unlawful. (c) The Company will pay all documentary, stamp or similar taxes and other governmental charges that may be imposed with respect to on the issuance of the Warrants, or the issuance, or issuance and the delivery of any shares upon the Warrant Sharesexercise of the Warrants; provided, however, that if the Warrant Shares shares of Common Stock are to be delivered in a name other than the name of the Registered Holder of the Warrant Certificate representing any Warrant being exercised, then no such delivery shall will be made unless the person requesting the same has paid to the Company Warrant Agent the amount of transfer taxes or charges incident thereto, if any.

Reservation of Shares; Listing; Payment of Taxes; etc. (a) 5.1 The Company covenants that it will at all times reserve and keep available out of its authorized Common Stock, solely for the purpose of issue issuance upon exercise of Warrants, such number of shares of Common Stock as shall then be issuable upon the exercise of all outstanding Warrants. The Company covenants that all Warrant Shares shares of Common Stock which shall be issuable upon exercise of the Warrants and payment of the Exercise Price shall, at the time of delivery, be duly and validly issued, fully paid, non-assessable nonassessable and free from all taxes, liens and charges with respect to the issue thereof and that upon issuance such Warrant Shares shall be listed on each national securities exchange or eligible for inclusion in each automated quotation system, if any, on (other than those which the other Company shall promptly pay or discharge). 5.2 The Company will use reasonable efforts to obtain appropriate approvals or registrations under state "blue sky" securities laws with respect to the exercise of the Warrants; provided, however, that the Company shall not be obligated to file any general consent to service of process or qualify as a foreign corporation in any jurisdiction. With respect to any such securities laws, however, Warrants may not be exercised by, or shares of outstanding Common Stock of the Company are then listed or eligible for inclusionissued to eCom in any state in which such exercise would be unlawful. (b) 5.3 The Company shall pay all documentary, stamp or similar taxes and other governmental charges that may be imposed with respect to the issuance of Warrants, or the issuance, or delivery of any shares upon exercise of the Warrant SharesWarrants; provided, however, that if the Warrant Shares shares of Common Stock are to be delivered in a name other than the name of the Registered Holder of the Warrant Certificate representing any Warrant being exercisedeCom, then no such delivery shall be made unless the person requesting the same eCom has paid to the Company the amount of transfer taxes or charges incident thereto, if any.