Common use of Shares to be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock Clause in Contracts

Shares to be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Issuer covenants that all shares of Common Stock which may be delivered upon conversion of Securities of any series which are convertible into Common Stock will upon delivery be fully paid and nonassessable by the Issuer and free from all taxes, liens and charges with respect to the issue thereof. The Issuer covenants that if any shares of Common Stock to be provided for the purpose of conversion of Securities hereunder require registration with or approval of any governmental authority under any Federal or state law before such shares may be validly delivered upon conversion, the Issuer will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be. The Issuer further covenants that it will, if permitted by the rules of the New York Stock Exchange, or such other national stock exchange on which the Common Stock is listed or admitted to trading or if permitted by the rules of NNM if the Common Stock is approved by it for listing or quotation, list and keep listed for so long as the Common Stock shall be so listed on such exchange or NNM, upon official notice of issuance, all Common Stock deliverable upon conversion of Securities of any series which are convertible into Common Stock.

Shares to be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Issuer covenants that all shares of Common Stock which may be delivered upon conversion of Securities of any series which are convertible into Common Stock will upon delivery be fully paid and nonassessable by the Issuer and free from all taxes, liens and charges with respect to the issue thereof. The Issuer covenants that if any shares of Common Stock to be provided for the purpose of conversion of Securities hereunder require registration with or approval of any governmental authority under any Federal or state law before such shares may be validly delivered upon conversion, the Issuer will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be. The Issuer further covenants that it will, if permitted by the rules of the New York Stock Exchange, or such other national stock exchange on which the Common Stock is listed or admitted to trading or if permitted by the rules of the NNM if the Common Stock is approved by it for listing or quotation, list and keep listed for so long as the Common Stock shall be so listed on such exchange or the NNM, upon official notice of issuance, all Common Stock deliverable upon conversion of Securities of any series which are convertible into Common Stock.

Shares to be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Issuer Company covenants that all shares of Common Stock which may be delivered upon conversion of Securities of any series which are convertible into Common Stock will upon delivery be fully paid and nonassessable by the Issuer Company and free from all taxes, liens and charges with respect to the issue thereof. The Issuer Company covenants that if any shares of Common Stock to be provided for the purpose of conversion of Securities hereunder require registration with or approval of any governmental authority under any Federal or state law before such shares may be validly delivered upon conversion, the Issuer Company will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be. The Issuer Company further covenants that it will, if permitted by the rules of the New York Stock Exchange, Exchange or such other national stock exchange on which the Common Stock is listed or admitted to trading or if permitted by the rules of NNM Nasdaq if the Common Stock is approved by it for listing or quotation, list and keep listed for so long as the Common Stock shall be so listed on such exchange or NNMexchange, upon official notice of issuance, all Common Stock deliverable upon conversion of Securities of any series which are convertible into Common Stock.

Shares to be Fully Paid; Compliance with Governmental Requirements; Listing of Common Stock. The Issuer covenants that all shares of Common Stock which may be delivered upon conversion of Securities of any series which are convertible into Common Stock will upon delivery be fully paid and nonassessable by the Issuer and free from all taxes, liens and charges with respect to the issue thereof. The Issuer covenants that if any shares of Common Stock to be provided for the purpose of conversion of Securities hereunder require registration with or approval of any governmental authority under any Federal or state law before such shares may be validly delivered upon conversion, the Issuer will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be. The Issuer further covenants that it will, if permitted by the rules of the New York Stock Exchange, or such other national stock exchange on which the Common Stock is listed or admitted to trading or if permitted by the rules of NNM Nasdaq if the Common Stock is approved by it for listing or quotation, list and keep listed for so long as the Common Stock shall be so listed on such exchange or NNMNasdaq, upon official notice of issuance, all Common Stock deliverable upon conversion of Securities of any series which are convertible into Common Stock.