Status of Conversion Shares; Listing. Each Conversion Share, if any, delivered upon conversion of any Note will be a newly issued or treasury share and will be duly and validly issued, fully paid, non-assessable, free from preemptive rights and free of any lien or adverse claim (except to the extent of any lien or adverse claim created by the action or inaction of the Holder of such Note or the Person to whom such Conversion Share will be delivered). If the Common Stock is then listed on any securities exchange, or quoted on any inter-dealer quotation system, then the Company will cause each Conversion Share, when delivered upon conversion of any Note, to be admitted for listing on such exchange or quotation on such system.
Appears in 17 contracts
Samples: Indenture (Haemonetics Corp), Indenture (Super Micro Computer, Inc.), Indenture (Guess Inc)
Status of Conversion Shares; Listing. Each Conversion Share, if any, Share delivered upon conversion of any Note will be a newly issued or treasury share and will be duly and validly issued, fully paid, non-assessable, free from preemptive rights and free of any lien or adverse claim (except to the extent of any lien or adverse claim created by the action or inaction of the Holder of such Note or the Person to whom such Conversion Share will be delivered). If the Common Stock is then listed on any securities exchange, or quoted on any inter-dealer quotation system, then the Company will cause each Conversion Share, when delivered upon conversion of any Note, to be admitted for listing on such exchange or quotation on such system.
Appears in 8 contracts
Samples: First Supplemental Indenture (Xeris Biopharma Holdings, Inc.), Indenture (Xeris Biopharma Holdings, Inc.), Second Supplemental Indenture (Verastem, Inc.)
Status of Conversion Shares; Listing. Each Conversion Share, if any, delivered upon conversion of any Note will be a newly issued or treasury share and will be duly and validly issued, fully paid, non-assessable, free from preemptive rights and free of any lien or adverse claim (except to the extent of any lien or adverse claim created by the action or inaction of the Holder of such Note or the Person to whom such Conversion Share will be delivered). If the Common Stock is then listed on any securities exchange, or quoted on any inter-dealer quotation system, then the Company will cause each Conversion Share, when delivered upon conversion of any Note, to be admitted for listing on such exchange or quotation on such system.
Appears in 6 contracts
Samples: First Supplemental Indenture (Tilray Brands, Inc.), First Supplemental Indenture (Inseego Corp.), First Supplemental Indenture (Cytokinetics Inc)
Status of Conversion Shares; Listing. Each Conversion Share, if any, delivered upon conversion of any Note will be a newly issued or treasury share and will be duly and validly issued, fully paid, non-assessable, free from preemptive rights and free of any lien or adverse claim (except to the extent of any lien or adverse claim created by the action or inaction of the Holder of such Note or the Person to whom such Conversion Share will be delivered). If the Common Stock is Ordinary Shares are then listed on any securities exchange, or quoted on any inter-dealer quotation system, then the Company will use commercially reasonable efforts to cause each Conversion Share, when delivered upon conversion of any Note, to be admitted for listing on such exchange or quotation on such system.
Appears in 4 contracts
Samples: Indenture (Amryt Pharma PLC), Indenture (Amryt Pharma PLC), Indenture (Aegerion Pharmaceuticals, Inc.)
Status of Conversion Shares; Listing. Each Conversion Share, if any, Share delivered upon conversion of any a Note will be a newly issued or treasury share and will be duly and validly issued, fully paid, non-assessable, free from preemptive rights and free of any lien Lien or adverse claim (except to the extent of any lien Lien or adverse claim created by the action or inaction of the Holder of such Note or the Person to whom such Conversion Share will be delivered). If the Common Stock is then listed on any securities exchange, or quoted on any inter-dealer quotation system, then the Company will cause each Conversion ShareShare issued upon conversion of a Note, when delivered upon conversion of any Notesuch conversion, to be admitted for listing on such exchange or quotation on such system.
Appears in 3 contracts
Samples: Ninth Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/), First Supplemental Indenture (Tellurian Inc. /De/)
Status of Conversion Shares; Listing. Each Conversion Share, if any, share of Common Stock delivered upon conversion of any this Note will be a newly issued or treasury share and will be duly and validly issued, fully paid, non-assessable, free from preemptive rights and free of any lien or adverse claim (except to the extent of any lien or adverse claim created by the action or inaction of the Holder of such Note or the Person to whom such Conversion Share share will be delivered). If the Common Stock is then listed on any securities exchange, or quoted on any inter-dealer quotation system, then the Company will cause each Conversion Shareshare of Common Stock issued upon conversion of this Note, when delivered upon conversion of any Notesuch conversion, to be admitted for listing on such exchange or quotation on such system.
Appears in 3 contracts
Samples: Omnibus Amendment (PARETEUM Corp), Securities Purchase Agreement (Workhorse Group Inc.), Securities Exchange Agreement (Amyris, Inc.)
Status of Conversion Shares; Listing. Each Conversion Share, if any, delivered upon conversion of any Note will be a newly issued or treasury share and will be duly and validly issued, fully paid, non-assessable, free from preemptive rights and free of any lien or adverse claim (except to the extent of any lien or adverse claim created by the action or inaction of the Holder of such Note or the Person to whom such Conversion Share will be delivered). If the Common Stock is then listed on any securities exchange, or quoted on any inter-dealer quotation system, then the Company will use commercially reasonable efforts to cause each Conversion Share, when delivered upon conversion of any Note, to be admitted for listing on such exchange or quotation on such system.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Spirit Airlines, Inc.), Indenture (NRG Energy, Inc.)
Status of Conversion Shares; Listing. Each Conversion Share, if any, delivered upon conversion of any Note will be a newly issued or treasury share and will be duly and validly issued, fully paid, non-assessable, free from preemptive rights and free of any lien or adverse claim (except to the extent of any lien or adverse claim created by the action or inaction of the Holder of Table of Contents such Note or the Person to whom such Conversion Share will be delivered). If the Common Stock is then listed on any securities exchange, or quoted on any inter-dealer quotation system, then the Company will cause each Conversion Share, when delivered upon conversion of any Note, to be admitted for listing on such exchange or quotation on such system.
Appears in 1 contract
Samples: Indenture (Omeros Corp)
Status of Conversion Shares; Listing. Each Conversion Share, if any, share of Common Shares delivered upon conversion of any this Note will be a newly issued or treasury share and will be duly and validly issued, fully paid, non-assessable, free from preemptive rights and free of any lien Lien or adverse claim (except to the extent of any lien Lien or adverse claim created by the action or inaction of the Holder of such Note or the Person to whom such Conversion Share share will be delivered). If the Common Stock is Shares are then listed on any securities exchange, or quoted on any inter-dealer quotation system, then the Company will cause each Conversion Shareshare of Common Shares issued upon conversion of this Note, when delivered upon conversion of any Notesuch conversion, to be admitted for listing on such exchange or quotation on such system.
Appears in 1 contract
Samples: Amending Agreement to Transaction Agreement (Tilray Brands, Inc.)
Status of Conversion Shares; Listing. Each Conversion Share, if any, delivered upon conversion of any Note will be a newly issued or treasury share and will be duly and authorized, validly issued, fully paid, non-assessable, free from preemptive rights and free of any lien or adverse claim (except to the extent of any lien or adverse claim created by the action or inaction of the Holder of such Note or the Person to whom such Conversion Share will be delivered). If the Common Stock is then listed on any securities exchange, or quoted on any inter-dealer quotation system, then the Company will cause each Conversion Share, when delivered upon conversion of any Note, to be admitted for listing on such exchange or quotation on such system.
Appears in 1 contract
