Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stock, solely for the purpose of effecting the exercise of this Warrant, such number of its shares of common stock as shall from time to time be sufficient to effect the exercise of this Warrant; and if at any time the number of authorized but unissued shares of common stock shall not be sufficient to effect the exercise of this Warrant, the Company will take all appropriate corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock to such number of shares as shall be sufficient for such purpose.
Appears in 27 contracts
Samples: Loan Agreement (Itec Environmental Group Inc), Loan Agreement (Itec Environmental Group Inc), Loan Agreement (Itec Environmental Group Inc)
Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of common stock, Common Stock solely for the purpose of effecting the exercise conversion of this Warrantthe shares of the Preferred Stock, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of this Warrantall then outstanding shares of the Preferred Stock; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of this Warrantall then outstanding shares of the Preferred Stock, the Company Corporation will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 23 contracts
Samples: Master Closing Agreement, Loan and Security Agreement, Flash Seed Preferred Stock Subscription Agreement
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise of this Warrant, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise of this Warrant; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise of this Warrant, the Company will take all appropriate corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 19 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Eco2 Plastics Inc), Convertible Note and Warrant Purchase Agreement (Eco2 Plastics Inc), Warrant Agreement (Legend Oil & Gas, Ltd.)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stock, Common Stock solely for the purpose of effecting the exercise conversion of this Warrant, the Notes such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of this Warrantall outstanding Notes; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of this Warrantall then-outstanding Notes, in addition to such other remedies as shall be available to the Holder, the Company will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purposepurposes.
Appears in 15 contracts
Samples: Convertible Note Agreement (Global It Holdings Inc), Convertible Note Agreement (Cargo Connection Logistics Holding, Inc.), Convertible Note (Advantage Capital Development Corp)
Reservation of Stock Issuable Upon Conversion. The Company CareCentric shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this Warrantthe Loan hereunder, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of this Warrant; the Loan hereunder, and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of this Warrantthe Loan hereunder, the Company CareCentric will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to this Certificate.
Appears in 4 contracts
Samples: Secured Convertible Credit Facility (Carecentric Inc), Secured Convertible Credit Facility and Security Agreement (Carecentric Inc), Secured Convertible Credit Facility and Security Agreement (Reed John E)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise of this Warrant, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise of this Warrant; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise of this Warrant, the Company will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 4 contracts
Samples: Stock Subscription Agreement (Sonus Communication Holdings Inc), Warrant Agreement (Sonus Communication Holdings Inc), Warrant Agreement (Sonus Communication Holdings Inc)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this WarrantNote, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of all of the principal amount of this Warrant; and if Note. If at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of all principal amount of this WarrantNote, the Company will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 2 contracts
Samples: Convertible Subordinated Note (Vanguard Health Systems Inc), Convertible Subordinated Note (Vanguard Health Systems Inc)
Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this Warrantthe Notes, such number of its shares of common stock its Common Stock as shall from time to time be sufficient to effect the exercise conversion of this Warrantall outstanding Notes; and if at any time the number of authorized but by unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of this Warrantall then outstanding Notes, the Company Corporation will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose, including, without limitation, engaging its best efforts to obtain the requisite stockholder approval if any necessary amendment to this Agreement.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (American Water Star Inc), Convertible Note Purchase Agreement (American Water Star Inc)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Shares, solely for the purpose of effecting the exercise conversion of this Warrant, Convertible Note such number of its shares of common stock Common Shares as shall from time to time be sufficient to effect the exercise conversion of this WarrantConvertible Note; and if at any time the number of authorized but unissued shares of common stock Common Shares shall not be sufficient to effect the exercise conversion of this Warrant, Convertible Note the Company will take all appropriate such corporate action as may, in the opinion of its counsel, may be necessary to increase its authorized but unissued shares of common stock Common Shares to such number of shares as shall be sufficient for such purpose.
Appears in 2 contracts
Samples: Investment Agreement (Westport Innovations Inc), Investment Agreement (Westport Innovations Inc)
Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this Warrantthe shares of the Series E Preferred Stock, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of this Warrant; and if at any time the number of authorized but unissued all outstanding shares of common stock shall not be sufficient the Series E Preferred Stock. As a condition precedent to effect the exercise taking of this Warrantany action which would cause an adjustment to the Conversion Price, the Company Corporation will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for in order that it may validly and legally issue the shares of its Common Stock issuable based upon such purposeadjusted Conversion Price.
Appears in 2 contracts
Samples: Amendment Agreement (Midland States Bancorp, Inc.), Amendment Agreement (Midland States Bancorp, Inc.)
Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this Warrantthe shares of the Series F Preferred Stock, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of this Warrant; and if at any time the number of authorized but unissued all outstanding shares of common stock shall not be sufficient the Series F Preferred Stock. As a condition precedent to effect the exercise taking of this Warrantany action which would cause an adjustment to the Conversion Price, the Company Corporation will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for in order that it may validly and legally issue the shares of its Common Stock issuable based upon such purposeadjusted Conversion Price.
Appears in 2 contracts
Samples: Amendment Agreement (Midland States Bancorp, Inc.), Amendment Agreement (Midland States Bancorp, Inc.)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this Warrantthe Notes, such number of its shares of common stock its Common Stock as shall from time to time be sufficient to effect the exercise conversion of this Warrantall outstanding Notes; and if at any time the number of authorized but by unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of this Warrantall then outstanding Notes, the Company will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose, including, without limitation, engaging its best efforts to obtain the requisite stockholder approval if any necessary amendment to this Agreement.
Appears in 2 contracts
Samples: 25% Convertible Note Purchase Agreement (American Water Star Inc), 10% Convertible Note Purchase Agreement (American Water Star Inc)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stock, Common Stock solely for the purpose of effecting the exercise conversion of this Warrant, Note such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion in full of this WarrantNote; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion in full of this WarrantNote, the Company will take all appropriate such corporate action as mayshall, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 1 contract
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stock, Common Stock solely for the purpose of effecting the exercise conversion of this Warrant, Note such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion in full of this WarrantNote; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion in full of this WarrantNote, the Company will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 1 contract
Samples: Exchange of Stock for Assets Agreement (Ciralight Global, Inc.)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this WarrantNote, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion in full of this WarrantNote; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion in full of this WarrantNote, the Company will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 1 contract
Samples: Guaranty Agreement (Sunrise Technologies International Inc)
Reservation of Stock Issuable Upon Conversion. The Company Borrower shall at all times reserve and keep available out of its authorized but unissued shares of common stock, solely for the purpose of effecting the exercise of this Warrant, such number of its Common Stock sufficient shares of common stock as shall from time to time be sufficient to effect the exercise conversion of this Warrant; Note into the Conversion Shares and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of this WarrantNote in full, then, without limitation of such other remedies as shall be available to the Holder of this Note, the Company will Borrower shall take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purposepurposes.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Booth Creek Ski Holdings Inc)
Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this Warrantthe Notes, such number of its shares of common stock its Common Stock as shall from time to time be sufficient to effect the exercise conversation of this Warrantall outstanding Notes; and if at any time the number of authorized but by unissued shares of common stock shall Common Stock not be sufficient to effect the exercise conversion of this Warrantall then outstanding Notes, the Company Corporation will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose, including, without limitation, engaging its best efforts to obtain the requisite stockholder approval if any necessary amendment to this Note.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (American Water Star Inc)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stock, solely for the purpose of effecting the exercise conversion of this Warrantthe Notes, such number of its shares of common stock as shall from time to time be sufficient to effect the exercise conversion of this Warrantall then outstanding Notes; and if at any time the number of authorized but unissued shares of common stock shall not be sufficient to effect the exercise conversion of this Warrantall then outstanding Notes, the Company will immediately take all appropriate such corporate action as may, in the opinion of its counsel, may be necessary to increase its authorized but unissued shares of common stock to such number of shares as shall be sufficient for such purpose.
Appears in 1 contract
Samples: Convertible Note Subscription Agreement (Doral Energy Corp.)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this Warrantthe Notes, such number of its shares of common stock its Common Stock as shall from time to time be sufficient to effect the exercise conversation of this Warrantall outstanding Notes; and if at any time the number of authorized but by unissued shares of common stock shall Common Stock not be sufficient to effect the exercise conversion of this Warrantall then outstanding Notes, the Company Corporation will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose, including, without limitation, engaging its best efforts to obtain the requisite stockholder approval if any necessary amendment to this Note.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (American Water Star Inc)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this Warrantthe Notes, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of this Warrantall then outstanding Notes; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of this Warrantall then outstanding Notes, the Company will immediately take all appropriate such corporate action as may, in the opinion of its counsel, may be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 1 contract
Samples: Subscription Agreement (Cool Can Technologies Inc/Ca)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Shares, solely for the purpose of effecting the exercise conversion of this WarrantNote and the other Secured Notes, such number of its shares of common stock Common Shares as shall from time to time be sufficient to effect the exercise conversion of this WarrantNote and all other Secured Notes; and if at any time the number of authorized but unissued shares of common stock Common Shares shall not be sufficient to effect the exercise conversion of this WarrantNote and all other Secured Notes, the Company will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Shares to such number of shares as shall be sufficient for such purpose.
Appears in 1 contract
Samples: Securities Purchase Agreement (Distributed Energy Systems Corp)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this WarrantDebenture, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of this WarrantDebenture; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of this WarrantDebenture, the Company will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose, including, without limitation, engaging in its best efforts to obtain the requisite stockholder approval of any necessary amendment to the Certificate of Incorporation.
Appears in 1 contract
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stock, Common Stock solely for the purpose of effecting the exercise conversion of this Warrant, Debenture such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of this WarrantDebenture; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise of this Warrantsuch conversion, the Company will shall take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 1 contract
Samples: Subordinated Convertible Debenture Purchase Agreement (Transcend Services Inc)
Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this Warrantthe Convertible Note, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of this Warrant; and if the Convertible Note. If at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of this Warrantthe Convertible Note, the Company will take all appropriate such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 1 contract
Reservation of Stock Issuable Upon Conversion. The Company shall at all times use its best efforts to reserve and keep available out of its authorized but unissued shares of common stockCommon Stock, solely for the purpose of effecting the exercise conversion of this Warrantthe Debenture, such number of its shares of common stock Common Stock as shall from time to time be sufficient to effect the exercise conversion of this Warrantall then outstanding Debenture; and if at any time the number of authorized but unissued shares of common stock Common Stock shall not be sufficient to effect the exercise conversion of this Warrantall then outstanding Debenture, the Company will take all appropriate such corporate action as may, in the opinion of its counsel, may be necessary to increase its authorized but unissued shares of common stock Common Stock to such number of shares as shall be sufficient for such purpose.
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Calypte Biomedical Corp)