Common use of Status and Availability of Preferred Shares Clause in Contracts

Status and Availability of Preferred Shares. (a) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and non-assessable shares.

Status and Availability of Preferred Shares. (a) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (subject to payment of the Purchase Exercise Price), be duly and validly authorized and issued and fully paid and non-assessable shares.

Status and Availability of Preferred Shares. (a) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares (and, following the occurrence of a Section 11(a)(ii) Event, Common Shares and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and non-assessable shares.

Status and Availability of Preferred Shares. (a) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and non-non- assessable shares.

Status and Availability of Preferred Shares. (a) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares or other securities delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares therefor (subject to payment of the Purchase PricePrice and compliance with all other applicable provisions of this Agreement), be duly and validly authorized and issued and fully paid and non-assessable shares.

Status and Availability of Preferred Shares. (a) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares (and following the occurrence of an event described in Section 11(a)(ii) or Section 13 hereof, Common Shares and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates (or making of book entry notations) for such Preferred Shares shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and non-assessable shares.

Status and Availability of Preferred Shares. (a) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and non-assessable shares.

Status and Availability of Preferred Shares. (aA) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and non-assessable shares.

Status and Availability of Preferred Shares. (a) a. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and non-assessable shares.

Status and Availability of Preferred Shares. (a) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares (and, after the Section 11(a)(ii) Trigger Date, Common Share and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares securities (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and non-assessable shares.