Common use of Reservation of Stock Issuable Upon Exercise Clause in Contracts

Reservation of Stock Issuable Upon Exercise. The Company shall at all times reserve and keep available, free from preemptive rights, 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 for the maximum number of shares of Common Stock issuable upon 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 for the maximum number of shares of Common Stock issuable upon exercise of this Warrant, in addition to such other remedies as shall be available to the Holder, 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 such purposes, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to the Certificate of Incorporation.

Appears in 3 contracts

Samples: Pharmion Corp, Pharmion Corp, Celgene Corp /De/

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Reservation of Stock Issuable Upon Exercise. The This Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock, solely for the purpose of effecting the exercise of this Warrantthe Warrants, such number of its shares of Common Stock as shall from time to time be sufficient to effect the exercise of this Warrant for the maximum number of all outstanding Warrants to purchase all shares of Common Stock issuable upon exercise of this Warrantunderlying the Warrants; 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 for the maximum number of all outstanding Warrants to purchase all shares of Common Stock issuable upon exercise of this Warrantunderlying the Warrants, in addition to such other remedies as shall be available to the HolderHolder of such Warrants, the this 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 purposes, including, without limitation, engaging in its best efforts to obtain the requisite stockholder shareholder approval of any necessary amendment to the its Certificate of Incorporation.

Appears in 2 contracts

Samples: Warrant Agreement (Destron Fearing Corp /De/), Warrant Agreement (Destron Fearing Corp /De/)

Reservation of Stock Issuable Upon Exercise. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock, Stock (and Common Stock to the extent applicable) solely for the purpose of effecting the exercise of this Warrant, Warrant such number of its shares of Common Stock (or Common Stock to the extent applicable) as shall from time to time be sufficient to effect the exercise of this Warrant for the maximum number of shares of Common Stock issuable upon exercise of this Warrant; and if at any time the number of authorized but unissued shares of Common Stock (or Common Stock to the extent applicable) shall not be sufficient to effect the exercise of this Warrant for the maximum number of shares of Common Stock issuable upon exercise of this Warrant, in addition to such other remedies as shall be available to the HolderHolder of this Warrant, the Company will use its commercially reasonable efforts to take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued un-issued shares of Common Stock (and Common Stock to the extent applicable) to such number of shares as shall be sufficient for such purposes, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to the Certificate of Incorporation.

Appears in 1 contract

Samples: Amended and Restated Agreement and Plan of Merger (Cardax, Inc.)

Reservation of Stock Issuable Upon Exercise. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Class A-2 Preferred Stock and Common Stock, as the case may be, solely for the purpose of effecting the exercise of this Warrant, the Warrants such number of its Warrant Shares and shares of Common Stock as shall from time to time be sufficient to effect the exercise of this the Warrants and the conversion of the Warrant for Shares; as the maximum number of shares of Common Stock issuable upon exercise of this Warrant; case may be, and if at any time the number of authorized but unissued Warrant Shares or shares of Common Stock shall not be sufficient to effect the exercise of this Warrant for the maximum number of shares of Common Stock issuable upon exercise of this WarrantWarrants, in addition to such other remedies as shall be available to the HolderHolder of this Warrant, the Company will use its best efforts to take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued Warrant Shares or shares of Common Stock Stock, as the case may be, to such number of shares as shall be sufficient for such purposes, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to the Certificate of Incorporation.

Appears in 1 contract

Samples: Small World Kids Inc

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Reservation of Stock Issuable Upon Exercise. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Series A-1 Preferred Stock (and Common Stock, Stock to the extent applicable) solely for the purpose of effecting the exercise of this Warrant, Warrant such number of its shares of Series A-1 Preferred Stock (or Common Stock to the extent applicable) as shall from time to time be sufficient to effect the exercise of this Warrant for the maximum number of shares of Common Stock issuable upon exercise of this Warrant; and if at any time the number of authorized but unissued shares of Series A-1 Preferred Stock (or Common Stock to the extent applicable) shall not be sufficient to effect the exercise of this Warrant for the maximum number of shares of Common Stock issuable upon exercise of this Warrant, in addition to such other remedies as shall be available to the HolderHolder of this Warrant, the Company will use its commercially reasonable efforts to take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued un-issued shares of Series A-1 Preferred Stock (and Common Stock to the extent applicable) to such number of shares as shall be sufficient for such purposes, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to the Certificate of Incorporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cardax, Inc.)

Reservation of Stock Issuable Upon Exercise. The Company shall at all times reserve and keep available, free from preemptive rights, available out of its authorized but unissued shares of Common Stock, Stock solely for the purpose of effecting the exercise of this Warrant, Underwriter's Warrant such number of its shares of Common Stock as shall from time to time be sufficient to effect the exercise of this Underwriter's Warrant for and the maximum number of shares of Common underlying Stock issuable upon exercise of this Warrant; Purchase Warrants, 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 Underwriter's Warrant for the maximum number of shares of Common and Stock issuable upon exercise of this WarrantPurchase Warrants, in addition to such other remedies as shall be available to the Holderholder of this Underwriter's Warrant, the Company will use its best efforts to 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, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to the Certificate of Incorporation.

Appears in 1 contract

Samples: Digital Power Corp

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