Shares to Be Fully. Paid 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 conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 13.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Shares to Be Fully. Paid; Reservation of Shares. The Company covenants and agrees that all shares of Common Stock which may be issued upon the exercise of rights presented by this Warrant will, upon issuance by the Company, be validly issued, fully paid and nonassessable, and free from preemptive rights and free from all taxes, liens and charges with respect thereto. The Company further covenants and agrees that, from and after the date of issuance of the Warrant and during the period within which the rights represented by this Warrant may be exercised, the Company will at all times have authorized, and reserve, 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, a sufficient number of shares of Common Stock to provide for the exercise of the rights represented by this Warrant.
Shares to Be Fully. Paid; Reservation of Capital Stock Issuable Upon ------------------------------------------------------------------- Exercise of Warrants. The Company covenants and agrees that any shares issued -------------------- hereunder will, upon issuance, be fully paid and non-assessable and free from all taxes, liens and charges with respect to the issuance thereof. The Company shall at all times reserve and keep available out of its authorized but unissued capital stock, solely for the issuance and delivery upon the exercise of this Warrant, such number of its duly authorized shares of Common Stock as from time to time shall be issuable upon the exercise of this Warrant.
Shares to Be Fully. Paid, Nonassessable and Registered. All ----------------------------------------------------- shares of Common Stock issued upon the exercise of this Warrant shall be validly issued, fully paid and nonassessable and, if the Common Stock of any class is then listed on any national securities exchange (as such term is used in the Exchange Act) or quoted on The Nasdaq Stock Market, upon issuance all such shares of Common Stock shall be duly listed or quoted thereon, as the case may be.
Shares to Be Fully. Paid 94 Section 14.08. Effect of Recapitalizations, Reclassifications and Changes of the Common Shares. 94 Section 14.09. Certain Covenants 95 Section 14.10. Responsibility of Trustee 96 Section 14.11. Notice to Holders Prior to Certain Actions 96 Section 14.12. Shareholder Rights Plans 97 Section 14.13. Exchange in Lieu of Conversion 97
Shares to Be Fully. Paid and Non-Assessable. All shares of Common Stock issued upon the exercise of this Warrant shall be validly issued, fully paid and non-assessable and free from all preemptive rights of any shareholder, and from all taxes, liens and charges with respect to the issue thereof (other than transfer taxes).
Shares to Be Fully. PAID The Company covenants that all Warrant Shares that may be issued and delivered to a Holder of this Warrant upon the exercise of this Warrant and payment of the Exercise Price, will be upon such delivery, validly and duly issued, fully paid and nonassessable.
Shares to Be Fully. Paid and Nonassessable; Reservation and Listing. ------------------------------------------------------------------ All Shares issued upon the exercise of this Warrant shall be validly issued, fully paid and nonassessable and the Company shall at all times reserve and keep available out of its authorized Shares, solely for the purpose of issuance upon the exercise of this Warrant, such number of Shares as shall be issuable upon the exercise hereof. If the Shares are then listed on any national securities exchange (as such term is used in the Exchange Act) or quoted on NASDAQ, the Company shall cause the Shares issuable upon exercise of this Warrant to be duly listed or quoted thereon, as the case may be.
Shares to Be Fully. PAID; RESERVATION OF SHARES; LISTING OF SHARES. The Company covenants and agrees that all shares of Common Stock which may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be duly authorized, validly issued, fully paid and nonassessable and free from all preemptive rights of any stockholder and free of all taxes, liens and charges with respect to the issue thereof. The Company further covenants and agrees that, during the period within which the rights represented by this Warrant may be exercised, the Company will at all times have authorized and reserved, for the purpose of issue or transfer upon exercise of the subscription rights evidenced by this Warrant, a sufficient number of shares of authorized but unissued Common Stock, or other securities and property, when and as required to provide for the exercise of the rights represented by this Warrant. The Company will take all such action as may be necessary to assure that such shares of Common Stock may be issued as provided herein without violation of any applicable law or regulation, or of any requirements of any domestic securities exchange upon which the Common Stock may be listed; provided, however, that other than as set forth in Section 11 hereof, the Company shall not be required to effect a registration under Federal or State securities laws with respect to such exercise. As long as the Warrant shall be outstanding, the Company shall use its best efforts to cause all shares of Common Stock issuable upon the exercise of the Warrant to be listed (subject to official notice of issuance) on all securities exchanges on which the Common Stock may then be listed and/or quoted. The Company will not take any action which would result in any adjustment of the Stock Purchase Price (as set forth in Section 3 hereof) if the total number of shares of Common Stock issuable after such action upon exercise of all outstanding options, warrants and convertible securities, together with all shares of Common Stock then outstanding, would exceed the total number of shares of Common Stock then authorized by the Company's Certificate of Incorporation.
Shares to Be Fully. Paid 159163 Section 10.06. Effect of Recapitalizations; Reclassifications and Changes of Common Stock. 1603 Section 10.07. Certain Covenants. 1604 Section 10.08. Notice to Holders Prior to Certain Actions 1614 Section 10.09. Stockholder Rights Plans 1615 Section 10.10. Effect of Conversion 1625 Section 10.11. Closing Date 1625 ARTICLE 11 SERIES B PREFERRED STOCK 1625 Section 11.01. Authorization and Issuance of Series B Preferred Stock. 1625
