Reservation of Shares, Shares to Be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for the conversion of the Notes from time to time as such Notes are presented for conversion (assuming that, at the time of the computation of such number of shares or securities, all such Notes would be held by a single Holder). Before taking any action that would cause an adjustment increasing the Conversion Rate to an amount that would cause the Conversion Price to be reduced below the then par value, if any, of the shares of Common Stock issuable upon conversion of the Notes, the Company will take all corporate action which may, in the opinion of its counsel, be necessary in order that the Company may validly and legally issue shares of such Common Stock at such adjusted Conversion Price. The Company covenants that all shares of Common Stock that may be issued upon conversion of Notes shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any lien or adverse claim. The Company shall use its reasonable efforts to list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
Appears in 2 contracts
Samples: First Supplemental Indenture (Sonosite Inc), First Supplemental Indenture (TTM Technologies Inc)
Reservation of Shares, Shares to Be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for the satisfy conversion of the Notes Securities from time to time as such Notes Securities are presented for conversion (assuming that, at the time of the computation of such number of shares or securities, all such Notes Securities would be held converted by a single Holder). Before taking any action that would cause an adjustment increasing the Conversion Rate to an amount that would cause the Conversion Price to be reduced below the then par value, if any, of the shares of Common Stock issuable upon conversion of the NotesSecurities, the Company will take all corporate action which that may, in the opinion of its counsel, be necessary in order that the Company may validly and legally issue shares of such Common Stock at such adjusted Conversion Price. The Company covenants that all shares of Common Stock that may be issued upon conversion of Notes Securities shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any tax, lien or adverse claimcharge (other than those created by the Holder). The Company shall use its reasonable efforts to list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes Securities on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
Appears in 2 contracts
Samples: Indenture (Cash America International Inc), Indenture (GMX Resources Inc)
Reservation of Shares, Shares to Be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for the conversion of the Notes Securities from time to time as such Notes Securities are presented for conversion (assuming that, at the time of the computation of such number of shares or securities, all such Notes would be held by a single Holder)conversion. Before taking any action that which would cause an adjustment increasing the Conversion Rate to an amount that would cause reducing the Conversion Price to be reduced below the then par value, if any, of the shares of Common Stock issuable upon conversion of the NotesSecurities, the Company will take all corporate action which may, in the opinion of its qualified counsel, be necessary in order that the Company may validly and legally issue shares of such Common Stock at such adjusted Conversion Price. The Company covenants that all shares of Common Stock that which may be issued upon conversion of Notes Securities shall be newly issued shares or treasury Treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any lien or adverse claim. The Company shall use its commercially reasonable efforts to list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes Securities on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
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Reservation of Shares, Shares to Be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for the conversion of the Notes Securities from time to time as such Notes Securities are presented for conversion (assuming that, at the time of the computation of such number of shares or securities, all such Notes Securities would be held by a single Holder). Before taking any action that would cause an adjustment increasing the Conversion Rate to an amount that would cause reducing the Conversion Price to be reduced below the then par value, if any, of the shares of Common Stock issuable upon conversion of the NotesSecurities, the Company will take all corporate action which may, in the opinion of its counsel, be necessary in order that the Company may validly and legally issue shares of such Common Stock at such adjusted Conversion Price. The Company covenants that all shares of Common Stock that may be issued upon conversion of Notes Securities shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any lien or adverse claim. The Company shall use its reasonable efforts to list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes Securities on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
Appears in 2 contracts
Samples: Indenture (Mercury Interactive Corporation), Indenture (JDS Uniphase Corp /Ca/)
Reservation of Shares, Shares to Be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Beginning on the date of filing of an amendment to the Company’s certificate of incorporation increasing the number of authorized shares of Common Stock, the Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for the conversion of the Notes Securities from time to time as such Notes Securities are presented for conversion (assuming that, at the time of the computation of such number of shares or securities, all such Notes would be held by a single Holder)conversion. Before taking any action that which would cause an adjustment increasing the Conversion Rate to an amount that would cause reducing the Conversion Price to be reduced below the then par value, if any, of the shares of Common Stock issuable upon conversion of the NotesSecurities, the Company will take all corporate action which may, in the opinion of its counsel, be necessary in order that the Company may validly and legally issue shares of such Common Stock at such adjusted Conversion Price. The Company covenants that all shares of Common Stock that which may be issued upon conversion of Notes Securities shall be newly issued shares or treasury Treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any lien Lien or adverse claim. The Company shall use its reasonable efforts to list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes Securities on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
Appears in 1 contract
Samples: Indenture (Wickes Inc)
Reservation of Shares, Shares to Be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for the conversion of the Notes Securities from time to time as such Notes Securities are presented for conversion (assuming that, at the time of the computation of such number of shares or securities, all such Notes Securities would be held by a single Holder). Before taking any action that which would cause an adjustment increasing the Conversion Rate to an amount that would cause reducing the Conversion Price to be reduced below the then par value, if any, of the shares of Common Stock issuable upon conversion of the NotesSecurities, the Company will take all corporate action which may, in the opinion of its counsel, be necessary in order that the Company may validly and legally issue shares of such Common Stock at such adjusted Conversion Price. The Company covenants that all shares of Common Stock that which may be issued upon conversion of Notes Securities shall be newly issued shares or treasury Treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any lien or adverse claim. The Company shall use its reasonable efforts to list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes Securities on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
Appears in 1 contract
Samples: Indenture (Yahoo Inc)
Reservation of Shares, Shares to Be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for the satisfy conversion of the Notes from time to time as such Notes are presented for conversion (assuming that, at the time of the computation of such number of shares or securities, all such Notes would be held converted by a single Holder). Before taking any action that would cause an adjustment increasing the Conversion Rate to an amount that would cause the Conversion Price to be reduced below the then par value, if any, of the shares of Common Stock issuable upon conversion of the Notes, the Company will take all corporate action which that may, in the opinion of its counsel, be necessary in order that the Company may validly and legally issue shares of such Common Stock at such adjusted Conversion Price. The Company covenants that all shares of Common Stock that may be issued upon conversion of Notes shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any tax, lien or adverse claimcharge (other than those created by the Holder). The Company shall use its reasonable efforts to list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
Appears in 1 contract
Reservation of Shares, Shares to Be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasuryshares, sufficient shares of Common Stock to provide for the conversion of the Notes Securities from time to time as such Notes Securities are presented for conversion (assuming that, at the time of the computation of such number of shares or securities, all such Notes Securities would be held by a single Holder). Before taking any action that which would cause an adjustment increasing the Conversion Rate to an amount that would cause reducing the Conversion Price to be reduced below the then par value, if any, of the shares of Common Stock issuable upon conversion of the NotesSecurities, the Company will take all corporate action which may, in the opinion of its counsel, be necessary in order that the Company may validly and legally issue shares of such Common Stock at such adjusted Conversion Price. The Company covenants that all shares of Common Stock that which may be issued upon conversion of Notes Securities shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any lien or adverse claim. The Company shall use its reasonable efforts to list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes Securities on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
Appears in 1 contract
Samples: Indenture (Sohu Com Inc)