Common use of The Underlying Securities Clause in Contracts

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 8 contracts

Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

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The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 8 contracts

Samples: Underwriting Agreement (Altair Engineering Inc.), Purchase Agreement (Immunogen Inc), Underwriting Agreement (Savient Pharmaceuticals Inc)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance the terms of the SecuritiesSecurities and the Indenture; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the SecuritiesSecurities and the Indenture, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 3 contracts

Samples: Purchase Agreement (BridgeBio Pharma, Inc.), Purchase Agreement (BridgeBio Pharma, Inc.), Purchase Agreement (NantHealth, Inc.)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this the Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 2 contracts

Samples: Underwriting Agreement (Sonosite Inc), Purchase Agreement (Chemed Corp)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the SecuritiesSecurities and the Indenture; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 2 contracts

Samples: Underwriting Agreement (TTM Technologies Inc), Underwriting Agreement (TTM Technologies Inc)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this the Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, non assessable and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Underwriting Agreement (Wright Medical Group Inc)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance the terms of the SecuritiesSecurities and the Indenture; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the SecuritiesSecurities and the Indenture, will be validly issued, fully paid and non-assessablenonassessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Purchase Agreement (Cinedigm Corp.)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Underwriting Agreement (Trex Co Inc)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rightsrights granted by the Company or provided for under applicable law or the Company’s certificate of incorporation or bylaws.

Appears in 1 contract

Samples: Underwriting Agreement (Chart Industries Inc)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the Securities; the Underlying Securities have been duly authorized and reserved for issuance upon conversion of the Securities have been duly authorized and reserved by all necessary corporate action and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Underwriting Agreement (HeartWare International, Inc.)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the IndentureAgreement, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Amyris, Inc.)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible exchangeable at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the Securities; the Underlying Securities reserved for issuance upon conversion exchange of the Securities have been duly authorized and reserved and, when issued upon conversion exchange of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Underwriting Agreement (Centennial Resource Development, Inc.)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the Securities; the Underlying Securities have been duly authorized and reserved for issuance upon conversion of the Securities have been duly authorized and reserved andby all necessary corporate action, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Underwriting Agreement (Insulet Corp)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the IndentureAgreement, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the Securities; the . The Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Amyris, Inc.)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the Securities; the Underlying Securities reserved for issuance issuable upon conversion of the Securities have been duly authorized and reserved for issuance and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessablenonassessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Underwriting Agreement (Standard Pacific Corp /De/)

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The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this the Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the Indenture and the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Indenture and the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities upon such conversion will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Purchase Agreement (Tower Automotive Inc)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.;

Appears in 1 contract

Samples: Purchase Agreement

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into cash and, if applicable, shares of the Underlying Securities in accordance with the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Purchase Agreement (Rambus Inc)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the SecuritiesIndenture; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the SecuritiesIndenture, will be validly issued, fully paid and non-assessablenonassessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Underwriting Agreement (Sonic Automotive Inc)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.; (m)

Appears in 1 contract

Samples: Purchase Agreement (B2gold Corp)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into cash or a combination of cash and shares of the Underlying Securities in accordance the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Purchase Agreement (Integra Lifesciences Holdings Corp)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of cash and the Underlying Securities in accordance the terms of the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Purchase Agreement (Caci International Inc /De/)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance the terms of the SecuritiesSecurities and the Indenture; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Purchase Agreement (Jaguar Mining Inc)

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the Indenture and the Securities; the Underlying Securities reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

Appears in 1 contract

Samples: Purchase Agreement (Team Inc)

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