Reserved for Future Issuance. The Company has reserved for future issuance, and will keep available at all times, a sufficient number of shares of Common Stock, to be issued upon conversion of the Shares and the shares of Common Stock when issued upon conversion and surrender of such Shares in accordance with the Articles Supplementary (as defined below) will be validly issued, fully paid and non-assessable, will have been issued in compliance with all applicable state and federal securities laws and will not have been issued in violation of or subject to any preemptive, first refusal or similar right.
Appears in 5 contracts
Samples: Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Healthcare Trust, Inc.)
Reserved for Future Issuance. The Company has reserved for future issuance, and will keep available at all times, a sufficient number of shares of Common Stock, to be issued upon conversion of the Shares and the shares of Common Stock when issued upon conversion and surrender of such Shares in accordance with the Series B Articles Supplementary (as defined below) will be validly issued, fully paid and non-assessable, will have been issued in compliance with all applicable state and federal securities laws and will not have been issued in violation of or subject to any preemptive, first refusal or similar right.
Appears in 2 contracts
Samples: Underwriting Agreement (Healthcare Trust, Inc.), Underwriting Agreement (Healthcare Trust, Inc.)
Reserved for Future Issuance. The Company has reserved for future issuance, and will keep available at all times, a sufficient number of shares of Common Stock, to be issued upon conversion of the Shares and the shares of Common Stock when issued upon conversion and surrender of such Shares in accordance with the Series A Articles Supplementary (as defined below) will be validly issued, fully paid and non-assessable, will have been issued in compliance with all applicable state and federal securities laws and will not have been issued in violation of or subject to any preemptive, first refusal or similar right.
Appears in 2 contracts
Samples: Underwriting Agreement (Healthcare Trust, Inc.), Underwriting Agreement (Healthcare Trust, Inc.)
Reserved for Future Issuance. The Company has reserved for future issuance, and will keep available at all times, a sufficient number of shares of Common Stock, to be issued upon conversion of the Shares shares of Preferred Stock then outstanding and the shares of Common Stock when issued upon conversion and surrender of such Shares shares of Preferred Stock in accordance with the Series C Articles Supplementary (as defined below) will be validly issued, fully paid and non-assessable, will have been issued in compliance with all applicable state and federal securities laws and will not have been issued in violation of or subject to any preemptive, first refusal or similar right.
Appears in 1 contract
Samples: Underwriting Agreement (American Finance Trust, Inc)
Reserved for Future Issuance. The Company has reserved for future issuance, and will keep available at all times, a sufficient number of shares of the Common Stock, to be issued upon conversion of the Shares shares of Preferred Stock then outstanding and the shares of Common Stock when issued upon conversion and surrender of such Shares shares of Preferred Stock in accordance with the Articles Supplementary (as defined below) will be validly issued, fully paid and non-assessable, will have been issued in compliance with all applicable state and federal securities laws and will not have been issued in violation of or subject to any preemptive, first refusal or similar right.
Appears in 1 contract
Reserved for Future Issuance. The Company has reserved for future issuance, and will keep available at all times, a sufficient number of shares of Common Stock, to be issued upon conversion of the Shares shares of Preferred Stock then outstanding and the shares of Common Stock when issued upon conversion and surrender of such Shares shares of Preferred Stock in accordance with the Articles Supplementary (as defined below) will be validly issued, fully paid and non-assessable, will have been issued in compliance with all applicable state and federal securities laws and will not have been issued in violation of or subject to any preemptive, first refusal or similar right.
Appears in 1 contract
Samples: Underwriting Agreement (American Finance Trust, Inc)