Common use of Stock Reserve Clause in Contracts

Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (out of its authorized and not outstanding but unissued shares of Common Stock that are not reserved for other purposes) a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers shares of Common Stock held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 19 contracts

Samples: Indenture (BigCommerce Holdings, Inc.), Conversion Notice (Rocket Lab USA, Inc.), Indenture (Mirum Pharmaceuticals, Inc.)

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Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (out of its authorized and not outstanding but unissued shares of Common Stock that are not reserved for other purposes) a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers shares of Common Stock held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 10 contracts

Samples: Indenture (Orthopediatrics Corp), Purchase Agreement (Orthopediatrics Corp), Indenture (Rivian Automotive, Inc. / DE)

Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (reserve, out of its authorized authorized, unreserved and not outstanding but unissued shares of Common Stock that are not reserved for other purposes) Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers shares of Common Stock held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 5 contracts

Samples: Indenture (Marathon Digital Holdings, Inc.), Indenture (Cryoport, Inc.), Indenture (American Eagle Outfitters Inc)

Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (reserve, out of its authorized and not outstanding but unissued and unreserved shares of Common Stock that are not reserved for other purposes) Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers shares of Common Stock held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 4 contracts

Samples: Indenture (Innoviva, Inc.), Indenture (Bentley Systems Inc), Indenture (Bentley Systems Inc)

Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (reserve, out of its authorized authorized, unreserved and not outstanding but unissued shares of Class A Common Stock that are not reserved for other purposes) Stock, a number of shares of Class A Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers shares of Class A Common Stock held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Class A Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 3 contracts

Samples: Supplemental Indenture (Better Home & Finance Holding Co), Indenture (Bloom Energy Corp), Indenture (Bloom Energy Corp)

Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (out of its authorized and not outstanding but unissued shares of Common Stock Shares that are not reserved for other purposes) 120% of a number of shares of Common Stock sufficient Shares as may from time to permit the time be issuable upon conversion of all then-outstanding Notesthe Notes in accordance with its terms and conditions, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers shares of transfers Common Stock Shares held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Common Stock Shares in connection therewith will be deemed to include such deliverytransfer, mutatis mutandis.

Appears in 1 contract

Samples: Pledge and Security Agreement (Marti Technologies, Inc.)

Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (out of its authorized and not outstanding but unissued shares of Common Stock that are not reserved for other purposes) a number of shares of Common Stock sufficient to permit the conversion Conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversionConversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers shares of Common Stock held in its treasury in settlement of the conversion Conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 1 contract

Samples: Indenture (Cardlytics, Inc.)

Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (reserve, out of its authorized and not outstanding but unissued and unreserved shares of Common Stock that are not reserved for other purposes) Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers shares of Common Stock held in its treasury in settlement of the conversion of any Notes, each reference in this the Indenture or the Notes to the issuance of shares of Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 1 contract

Samples: Indenture (American Airlines, Inc.)

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Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (reserve, out of its authorized authorized, unreserved and not outstanding but unissued shares of Common Stock that are not reserved for other purposes) Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section ‎Section 5.07. To the extent the Company delivers shares of Common Stock held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 1 contract

Samples: Indenture (Lucid Group, Inc.)

Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (reserve, out of its authorized authorized, unreserved and not outstanding but unissued shares of Common Stock that are not reserved for other purposes) Stock, a number of shares of Common Stock sufficient equal to permit the conversion product of (i) the aggregate principal amount (expressed in thousands) of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (yii) the Conversion Rate then in effect (assuming, for these purposes, that the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07). To the extent the Company delivers shares of Common Stock held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 1 contract

Samples: SoFi Technologies, Inc.

Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (reserve, out of its authorized unreserved and not outstanding but unissued shares of Common Stock that are not reserved for other purposes) Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers shares of Common Stock held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 1 contract

Samples: Indenture (Chefs' Warehouse, Inc.)

Stock Reserve. At all times when any Notes are outstanding, the Company will reserve (out of its authorized and not outstanding but unissued shares of Common Stock that are not reserved for other purposes) a number of shares of Common Stock sufficient to permit the conversion Conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversionConversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers shares of Common Stock held in its treasury in settlement of the conversion Conversion of any Notes, each reference in this Indenture or the Notes to the issuance of shares of Common Stock in connection therewith will be deemed to include such delivery, mutatis mutandis.

Appears in 1 contract

Samples: Core Scientific, Inc./Tx

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