Common use of Shares To Be Fully Paid and Nonassessable Clause in Contracts

Shares To Be Fully Paid and Nonassessable. All shares of Non-Voting Common Stock issued upon the exercise of this Warrant and all shares of Voting Common Stock issued upon the conversion of such Non-Voting Common Stock shall be validly issued, fully paid and nonassessable and, if such class of Common Stock is then quoted on NASDAQ or listed on any national securities exchange (as defined in the Exchange Act), shall be duly quoted or listed thereon, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Aps Healthcare Inc), Warrant Agreement (Aps Healthcare Inc)

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Shares To Be Fully Paid and Nonassessable. All shares of Non-Voting Common Stock issued upon the exercise of this Warrant and all shares of Voting Common Stock issued upon the conversion of such Non-Voting Common Stock shall be validly issued, fully paid and nonassessable and, if such class of Common Stock is then quoted on NASDAQ or listed on any national securities exchange (as defined in the Exchange Act)) or quoted on NASDAQ, shall be duly listed or quoted or listed thereon, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Planetcad Inc)

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Shares To Be Fully Paid and Nonassessable. All shares of Non-Voting Common Stock issued upon the exercise of this Warrant and all shares of Voting Common Stock issued upon the conversion of such Non-Voting Common Stock shall be validly issued, fully paid and nonassessable and, if such class of Common Stock is then quoted on NASDAQ or listed on any national securities exchange (as defined in the Exchange Act), shall be duly quoted or listed thereon, as the case may benonassessable.

Appears in 1 contract

Samples: Credit Agreement (Horizon Medical Products Inc)

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