Reservation of Stock Issuable Upon Conversion. This Corporation 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 conversion of the shares of the Preferred Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stock, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall take such 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 purposes.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Rubios Restaurants Inc), Preferred Stock Purchase Agreement (Rubios Restaurants Inc)
Reservation of Stock Issuable Upon Conversion. This Corporation 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 conversion of the shares of the Series C-IV Preferred Stock, Stock such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Series C-IV Preferred Stock, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation Company shall take such 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 purposes.
Appears in 2 contracts
Samples: Deferred Pricing Agreement (Citigroup Inc), Deferred Pricing Agreement (On2com Inc)
Reservation of Stock Issuable Upon Conversion. This Corporation 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 conversion of the shares of the Series C-V Preferred Stock, Stock such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-V Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Series C-V Preferred Stock, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation Company shall take such 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 purposes.
Appears in 2 contracts
Samples: Deferred Pricing Agreement (On2com Inc), Deferred Pricing Agreement (Citigroup Inc)
Reservation of Stock Issuable Upon Conversion. This Corporation The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Preferred StockSeries A2 Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if the Series A2 Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stockthe Series A2 Preferred, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall Company will take such 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 purposespurpose.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Metricom Inc / De)
Reservation of Stock Issuable Upon Conversion. This Corporation The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series A Preferred Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series A Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stock, in addition to such other remedies as shall be available . As a condition precedent to the holder taking of such Preferred Stockany action which would cause an adjustment to the Conversion Price, this Corporation shall the Company will take such 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 in order that it may validly and legally issue the shares of its Common Stock issuable based upon such purposesadjusted Conversion Price.
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Reservation of Stock Issuable Upon Conversion. This Corporation The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Preferred StockSeries A Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if Series A Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stockthe Series A Preferred, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall Company will take such 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 purposespurpose.
Appears in 1 contract
Samples: Debt Conversion Agreement (American Soil Technologies Inc)
Reservation of Stock Issuable Upon Conversion. This Corporation The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Preferred StockSeries A1 Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if the Series A1 Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stockthe Series A1 Preferred, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall Company will take such 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 purposespurpose.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Metricom Inc / De)
Reservation of Stock Issuable Upon Conversion. This The Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Preferred StockSeries A Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if the Series A Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stockthe Series A Preferred, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall will take 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 purposespurpose.
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Reservation of Stock Issuable Upon Conversion. This Corporation The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series B Preferred Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series B Preferred Stock; , and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Series B Preferred Stock, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation Company shall take such 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 purposespurpose.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Marker International)
Reservation of Stock Issuable Upon Conversion. This The Corporation 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 conversion of the shares of the Series A Preferred Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if the Series A Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series A Preferred Stock, in addition the Corporation will use its best efforts to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall take such 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 purposespurpose.
Appears in 1 contract
Samples: Employment Agreement (Zitel Corp)
Reservation of Stock Issuable Upon Conversion. This The 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 conversion of the shares of the Preferred StockSeries A Preferred, such number of its shares of Common Stock common stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stockthe Series A Preferred; and if at any time the number of authorized but unissued shares of Common Stock common stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stockthe Series A Preferred, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall will take 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 purposespurpose, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to this Certificate.
Appears in 1 contract
Samples: Stock Purchase Agreement (Thaon Communications Inc)
Reservation of Stock Issuable Upon Conversion. This Corporation The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Preferred StockSeries B Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if the Series B Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stockthe Series B Preferred, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall Company will take such 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 purposespurpose.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Gilead Sciences Inc)
Reservation of Stock Issuable Upon Conversion. This Corporation The Company shall use its commercially reasonable efforts at all times to reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Preferred StockSeries Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if the Series Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stockthe Series Preferred, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall Company will take such 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 purposespurpose.
Appears in 1 contract
Reservation of Stock Issuable Upon Conversion. This The Corporation 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 conversion of the shares of the Preferred Stock, Stock such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all the then outstanding shares of Preferred Stock, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this the Corporation shall will take such 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 purposes.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Options Talent Group)
Reservation of Stock Issuable Upon Conversion. This The Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock and Class B Common Stock, solely for the purpose of effecting the conversion of the shares of the Preferred StockSeries A Preferred, such number of its shares of Common Stock and Class B Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if Series A Preferred. If at any time the number of authorized but unissued shares of Common Stock or Class B Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred StockSeries A Preferred, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall will take such corporate action as may, in the opinion of its counsel, may be necessary to increase its authorized but unissued shares of Common Stock or Class B Common Stock, as the case may be, to such number of shares as shall be sufficient for such purposespurpose.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Texoil Inc /Nv/)
Reservation of Stock Issuable Upon Conversion. This The Corporation shall at all times reserve and keep available out of its authorized authorized, but unissued unissued, shares of Common Stock common stock, solely for the purpose of effecting the conversion of the shares of the Preferred Stockpreferred stock, such number of its shares of Common Stock common stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; the preferred stock and to effect the exercise of all rights, warrants, and options to purchase common stock, and if at any time the number of authorized authorized, but unissued unissued, shares of Common Stock common stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stockthe stock, in addition to and such other remedies as shall be available to convertible stock or securities and rights, warrants, and options, the holder of such Preferred Stock, this Corporation shall will take 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 purposespurpose.
Appears in 1 contract
Reservation of Stock Issuable Upon Conversion. This The Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Preferred StockSeries J Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if the Series J Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Stockthe Series J Preferred, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall will take such 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 purposespurpose.
Appears in 1 contract
Samples: Securities Purchase Agreement (North American Technologies Group Inc /Mi/)
Reservation of Stock Issuable Upon Conversion. This The Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series F Preferred Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series F Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series F Preferred Stock, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall will take such 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 purposes.be
Appears in 1 contract
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Phoenix Network Inc)
Reservation of Stock Issuable Upon Conversion. This Corporation shall The Company will at all times reserve and keep available out of its authorized but unissued shares of Common Stock solely for the purpose of effecting the conversion of the shares of the Series E Preferred Stock, such number of its shares of Common Stock as shall will from time to time be sufficient to effect the conversion of all then-outstanding shares of Preferred Stockthe Series E Preferred; and if at any time the number of authorized but unissued shares of Common Stock shall will not be sufficient to effect the conversion of all then then-outstanding shares of Preferred Stockthe Series E Preferred, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall Company will take such 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 will be sufficient for such purposespurpose.
Appears in 1 contract
Samples: Loan Agreement (Malibu Entertainment Worldwide Inc)
Reservation of Stock Issuable Upon Conversion. This The Corporation shall at all times times, after the Conversion Time, reserve and keep available out of its authorized but unissued shares of Common Stock common stock solely for the purpose of effecting the conversion of the shares of the Preferred Series B Stock, such number of its shares of Common Stock common stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Series B Stock; and if at any time time, the number of authorized authorized, but unissued and unreserved, shares of Common Stock common stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred Series B Stock, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized authorized, but unissued and unreserved, shares of Common Stock common stock to such number of shares as shall be sufficient for such purposes.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Trustcash Holdings, Inc.)
Reservation of Stock Issuable Upon Conversion. This The Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Preferred Series A Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred the Series A Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Preferred the Series A Stock, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall will take such 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 purposespurpose, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to the Articles of Incorporation.
Appears in 1 contract
Samples: Affiliate Agreement (Artecon Inc)
Reservation of Stock Issuable Upon Conversion. This The Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series F Preferred Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series F Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series F Preferred Stock, in addition to such other remedies as shall be available to the holder of such Preferred Stock, this Corporation shall will take such 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 purposespurpose.
Appears in 1 contract
Samples: Stockholders Agreement (Aegis Communications Group Inc)