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 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, 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 shares shall be listed on each national securities exchange, on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so included.

Appears in 8 contracts

Samples: Warrant Agreement (Tekgraf Inc), Warrant Agreement (Piranha Interactive Publishing Inc), Warrant Agreement (Tekgraf Inc)

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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 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, 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 shares shall be listed on each national securities exchange, exchange on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so included.

Appears in 3 contracts

Samples: Warrant Agreement (Marquee Group Inc), Warrant Agreement (Marquee Group Inc), Warrant Agreement (Marquee Group Inc)

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 Charitable Benefit Warrants, such number of shares of Common Stock as shall then be issuable upon the exercise of all outstanding Charitable Benefit Warrants. The Company covenants that all shares of Common Stock which shall be issuable upon exercise of the Charitable Benefit Warrants shall, at the time of deliverydelivery thereof, be duly and validly issued, issued and fully paid, paid and nonassessable and free from all preemptive or similar rights, taxes, liens 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 shares shall be listed on each national securities exchange, if any, on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so includedlisted.

Appears in 3 contracts

Samples: Charitable Benefit Warrant Agreement (Ixion Biotechnology Inc), Charitable Benefit Warrant Agreement (Ixion Biotechnology Inc), Charitable Benefit Warrant Agreement (Ixion Biotechnology Inc)

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 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 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, nonassessable and free from all taxes, liens and charges with respect to the issue thereof, issuance thereof (other than those which the Company shall promptly pay or discharge) and that upon issuance such shares shall be listed on each national securities exchange, if any, on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so includedlisted.

Appears in 3 contracts

Samples: Warrant Agreement (Intercorp Excelle Inc), Warrant Agreement (Worldwide Wireless Inc), Warrant Agreement (Community Care Services Inc)

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 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, nonassessable and free from all taxes, liens and charges with respect to the issue thereof, thereof (other than those which the Company shall promptly pay or discharge) and that upon issuance such shares shall be listed on each national securities exchange, if any, on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so includedlisted.

Appears in 3 contracts

Samples: Warrant Agreement (Specialty Teleconstructors Inc), Warrant Agreement (Integrated Security Systems Inc), Warrant Agreement (Ciattis Inc /De/)

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 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, nonassessable non-assessable and free from all taxes, liens and charges with respect to the issue thereof, thereof (other than those which the Company shall promptly pay or discharge) and that upon issuance such shares shall be listed on each national securities exchangeexchange 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 shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so includedinclusion.

Appears in 3 contracts

Samples: Warrant Agreement (Photoelectron Corp), Warrant Agreement (Photoelectron Corp), Warrant Agreement (Paradigm Medical Industries Inc)

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 shares of Common Stock which shall be issuable upon exercise of the Warrants shall, at the time of deliverydelivery (assuming full payment of the purchase price thereof), be duly and validly issued, fully paid, nonassessable and free from all issuance taxes, liens and charges with respect to the issue thereof, thereof (other than those which the Company shall promptly pay or discharge) and that upon issuance such shares shares, to the extent applicable, shall be listed on each national securities exchangeexchange or eligible for inclusion on the Nasdaq National Market or the Nasdaq SmallCap Market, on which the other shares of outstanding Common Stock of the Company Company, if any, are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so includedinclusion.

Appears in 2 contracts

Samples: Warrant Agreement (Sparta Pharmaceuticals Inc), Warrant Agreement (Sparta Pharmaceuticals Inc)

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 Class A Common Stock, solely for the purpose of issue upon exercise of Warrants, such number of shares of Class A Common Stock as shall then be issuable upon the exercise of all outstanding Warrants. The Company covenants that all shares of Class A Common Stock which shall be issuable upon exercise of the Warrants shall, at the time of delivery, be duly and validly issued, fully paid, 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 shares shall be listed on each national securities exchange, on which the other shares of outstanding Class A Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Class A Common Stock of the Company are so included.

Appears in 2 contracts

Samples: Warrant Agreement (Interactive Flight Technologies Inc), Warrant Agreement (Advanced Aerodynamics & Structures Inc/)

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 Class A 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 shares of Class A Common Stock which shall be issuable upon exercise of the Warrants shall, at the time of delivery, be duly and validly issued, fully paid, 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 shares shall be listed on each national securities exchange, on which the other shares of outstanding Class A Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Class A Common Stock of the Company are so included.

Appears in 2 contracts

Samples: Warrant Agreement (On Village Communications Inc), Warrant Agreement (On Village Communications Inc)

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 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, nonassessable and free from all taxes, liens and charges with respect to the issue thereof, thereof (other than those which the Company shall promptly pay or discharge) ), and that upon issuance such shares shall be listed on each national securities exchange, exchange on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so included.

Appears in 2 contracts

Samples: Warrant Agreement (Mobile Mini Inc), Warrant Agreement (Mobile Mini Inc)

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 Class A Common Stock, solely for the purpose of issue upon exercise of Warrants, such number of shares of Class A Common Stock as shall then be issuable upon the exercise of all outstanding Warrants. The Company covenants that all shares of Class A Common Stock which shall be issuable upon exercise of the Warrants shall, at the time of delivery, be duly and validly issued, fully paid, 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 shares shall be listed on each national securities exchange, on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so included.

Appears in 2 contracts

Samples: Warrant Agreement (Paradigm Music Entertainment Co), Warrant Agreement (Healthcore Medical Solutions Inc)

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 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, nonassessable and free from all taxes, liens and charges created by the Company with respect to the issue thereof, thereof (other than those which the Company shall promptly pay or discharge) ), and that upon issuance such shares shall be listed on each national securities exchange, exchange on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in on the Nasdaq National Market or the Nasdaq SmallCap Market Market, if the other shares of outstanding Common Stock of the Company are so included.

Appears in 1 contract

Samples: Warrant Agreement (C2i Solutions Inc)

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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 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, 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 shares shall be listed on each national securities exchange, exchange on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Stock Market if the other shares of outstanding Common Stock of the Company are so included.

Appears in 1 contract

Samples: Warrant Agreement (Central European Distribution Corp)

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 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, nonassessable nonassessable, and free from all taxes, liens liens, and charges with respect to the issue thereof, (other than those which the Company shall promptly pay or discharge) and and, that upon issuance issuance, such shares shall be listed on each national securities exchangeexchange 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 shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so includedinclusion.

Appears in 1 contract

Samples: Warrant Agreement (Beverage Works Inc)

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 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, nonassessable and free from all taxes, liens and charges with respect to the issue thereof, thereof (other than those which the Company shall promptly pay or discharge) ), and that upon issuance such shares shall be listed on each national securities exchangeexchange 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 shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so includedinclusion.

Appears in 1 contract

Samples: Warrant Agreement (Network Imaging Corp)

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 the Company covenants that all 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, nonassessable and free from all taxes, liens and charges with respect to the issue thereof, thereof (other than those which the Company shall promptly pay or discharge) ), and that upon issuance such shares shall be listed on each national securities exchange, exchange on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so included.

Appears in 1 contract

Samples: Warrant Agreement (Aris Corp/)

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 shares of Common Stock which that shall be issuable upon on exercise of the Warrants shall, at the time of delivery, be duly and validly issued, fully paid, nonassessable non-assessable and free from all taxes, liens and charges with respect to the issue thereof, thereof (other than those which that the Company shall promptly pay or discharge) and that upon on issuance such shares shall be listed on each national securities exchangeexchange 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 shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so includedinclusion.

Appears in 1 contract

Samples: Warrant Agreement (Talk Com)

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 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, 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 shares shall be listed on each national securities exchange, on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Small Cap Market if the other shares of outstanding Common Stock of the Company are so included.

Appears in 1 contract

Samples: Warrant Agreement (Careflow Net Inc)

Reservation of Shares; Listing; Payment of Taxes; etc. (a) The Company covenants that from and after the Initial Warrant Exercise Date, 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 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, 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 of such shares shares, if registered under the Securities Act of 1933 (as amended, the "Act"), or if exempt from such registration, shall be listed on each national securities exchange, including the Nasdaq National Market, or the Nasdaq SmallCap Market, on which the other shares of outstanding Common Stock of the Company are then listed or shall be eligible for inclusion in the Nasdaq National Market or the Nasdaq SmallCap Market if the other shares of outstanding Common Stock of the Company are so includedlisted.

Appears in 1 contract

Samples: Warrant Agreement (Imall Inc)

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