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 capital stock, solely for the purpose of issue on exercise of Warrants, such number, series and classes of shares of Common Stock and, as applicable, other securities, rights and interests as shall then be issuable on the exercise of all outstanding Warrants. The Company covenants that all shares of capital stock of the Company that shall be issuable 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, on issuance, any such 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.
Appears in 3 contracts
Samples: Warrant Agreement (Talk Com), Warrant Agreement (Talk Com), 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 free of preemptive rights out of its authorized capital stockand unissued Common Stock, solely for the purpose of issue on issuance upon exercise of the rights to purchase shares of Common Stock issuable upon exercise of the Warrants, such number, series and classes the maximum number of shares of Common Stock and, as applicable, other securities, rights and interests as shall then from time to time be issuable on sufficient to provide for the exercise of all outstanding Warrants. The Company covenants that all shares of capital stock of the Company that Common Stock which shall be issuable on upon exercise of the Warrants shall, at the time of delivery, be duly and validly issued, fully paid, non-assessable nonassessable, free of all preemptive rights and free from all taxes, liens and charges with respect to the issue thereof (other than those and that the Company shall promptly pay or discharge) and that, on issuance, any upon issuance such shares issued in the form of Common Stock shall be listed on each a national securities exchange or eligible for inclusion in each an automated quotation system, if any, on which the other shares of outstanding Common Stock of the Company are then listed or eligible for inclusion.
Appears in 2 contracts
Samples: Class B Warrant Agreement (Tmci Electronics Inc), Warrant Agreement (Tmci Electronics Inc)
Reservation of Shares; Listing; Payment of Taxes; etc. (a) 1. The Company covenants that it will at all times reserve and keep available out of its authorized capital stockPreferred Stock and Common Stock, solely for the purpose of issue on upon exercise of Warrants, such number, series and classes number of shares of Preferred Stock and Common Stock and, as applicable, other securities, rights and interests as shall then be issuable on upon the exercise of all outstanding WarrantsWarrants or upon conversion of the Preferred Stock. The Company covenants that all shares of capital stock of the Company that Preferred Stock and Common Stock which shall be issuable on upon exercise of the Warrants or upon conversion of the Preferred Stock shall, at the time of delivery, be duly and validly issued, fully paid, non-assessable nonassessable, and free from all taxes, liens liens, and charges with respect to the issue thereof thereof, (other than those that which the Company shall promptly pay or discharge) and that, on issuance, any that upon issuance such 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 Preferred Stock or Common Stock of the Company are then listed or eligible for inclusion.
Appears in 1 contract
Samples: Warrant Agreement (Microenergy Inc)