Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Exchange.
Appears in 10 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.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the SecuritiesSecurities (assuming physical settlement and the maximum conversion rate under any “make-whole” adjustment applies). The Company will use its best efforts to cause the Underlying Securities to be listed on the ExchangeNYSE.
Appears in 8 contracts
Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp), Purchase Agreement (Arbor Realty Trust Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Exchange.
Appears in 6 contracts
Samples: Purchase Agreement (United States Steel Corp), Underwriting Agreement (WEB.COM Group, Inc.), Underwriting Agreement (Savient Pharmaceuticals Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the ExchangeNASDAQ.
Appears in 4 contracts
Samples: Underwriting Agreement (Radius Health, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive preemptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. [The Company will use its best commercially reasonable efforts to cause the Underlying Securities to be listed on the Exchange[applicable stock exchange] and to maintain such listing]].
Appears in 4 contracts
Samples: Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (TPG Specialty Lending, Inc.), Underwriting Agreement (TPG Specialty Lending, Inc.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the New York Stock Exchange.
Appears in 4 contracts
Samples: Underwriting Agreement (Prologis), Underwriting Agreement (Prologis), Underwriting Agreement (Prologis)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock the Conversion Shares for the purpose of enabling the Company to satisfy all obligations to issue the any Underlying Securities upon conversion of the Securities. The Company will use its best reasonable efforts to cause list, subject to official notice of issuance, and maintain the Underlying Securities to be listed listing of, the Conversion Shares on the Exchange.
Appears in 4 contracts
Samples: Purchase Agreement (Palo Alto Networks Inc), Purchase Agreement (Palo Alto Networks Inc), Purchase Agreement
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive preemptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best commercially reasonable efforts to cause the Underlying Securities to be listed on the ExchangeNew York Stock Exchange and to maintain such listing.
Appears in 2 contracts
Samples: Underwriting Agreement (TPG Specialty Lending, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its reasonable best efforts to cause the Underlying Securities to be listed on the Nasdaq Global Select Market (the “Exchange”).
Appears in 2 contracts
Samples: Underwriting Agreement (Clovis Oncology, Inc.), Purchase Agreement (Mercadolibre Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Nasdaq Stock Exchange (the “Exchange”).
Appears in 2 contracts
Samples: Purchase Agreement (Lyft, Inc.), Purchase Agreement (Lyft, Inc.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive preemptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Nasdaq Stock Exchange (the “Exchange”).
Appears in 2 contracts
Samples: Purchase Agreement (BridgeBio Pharma, Inc.), Purchase Agreement (BridgeBio Pharma, Inc.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Maximum Underlying Securities upon conversion of the Securities. The Company will use its best commercially reasonable efforts to cause list, subject to notice of issuance, effect and maintain the quotation and listing of the Maximum Underlying Securities to be listed on the ExchangeNASDAQ GSM.
Appears in 2 contracts
Samples: Purchase Agreement (Sarepta Therapeutics, Inc.), Purchase Agreement (Sarepta Therapeutics, Inc.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, a number of shares of Common Stock for equal to the purpose sum of enabling the Company to satisfy all obligations to issue the Maximum Number of Underlying Securities upon conversion of and the Warrant Securities. The Company will use its best commercially reasonable efforts to cause and maintain the Underlying Securities to be listed listing of such shares of Common Stock on the Exchange.
Appears in 2 contracts
Samples: Purchase Agreement (World Wrestling Entertainmentinc), Purchase Agreement (Knowles Corp)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive preemptive rights, a number of shares of Common Stock equal to the Maximum Number of Underlying Securities for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its reasonable best efforts to cause the Underlying Securities to be listed on the ExchangeNasdaq.
Appears in 2 contracts
Samples: Underwriting Agreement (Mesa Laboratories Inc /Co), Underwriting Agreement (Xeris Pharmaceuticals Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the ExchangeNYSE.
Appears in 2 contracts
Samples: Purchase Agreement (Team Inc), Underwriting Agreement (Goodrich Petroleum Corp)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, a number of shares of Common Stock equal to the Maximum Number of Underlying Securities for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the outstanding Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Exchange.
Appears in 2 contracts
Samples: Purchase Agreement (Northwest Biotherapeutics Inc), Purchase Agreement (Ariad Pharmaceuticals Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, a number of shares of Class A Common Stock for equal to the purpose Maximum Number of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its commercially reasonable best efforts to cause the Underlying Securities to be listed and maintain the listing of such Maximum Number of Underlying Securities on the Exchange.
Appears in 2 contracts
Samples: Purchase Agreement (Evolent Health, Inc.), Purchase Agreement (Evolent Health, Inc.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best commercially reasonable efforts to cause the Underlying Securities to be listed on the New York Stock Exchange (the “Exchange”).
Appears in 2 contracts
Samples: Underwriting Agreement (Commscope Inc), Purchase Agreement (Caci International Inc /De/)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the ExchangeNasdaq.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares the Maximum Number of Common Stock Underlying Securities for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the SecuritiesSecurities (assuming the maximum conversion rate under any “make-whole” adjustment applies). The Company will use its reasonable best efforts to cause the Maximum Number of Underlying Securities to be listed on the ExchangeNASDAQ and maintain such listing.
Appears in 1 contract
Samples: Purchase Agreement (Egalet Corp)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive or similar rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the SecuritiesNotes. The Company will use its best commercially reasonable efforts to cause list, subject to notice of issuance, the Underlying Securities to be listed on the ExchangeNYSE.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on The Nasdaq Global Select Market (the “Exchange”).
Appears in 1 contract
Samples: Underwriting Agreement (Take Two Interactive Software Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock the Conversion Shares for the purpose of enabling the Company to satisfy all obligations to issue the any Underlying Securities upon conversion of the Securities. The Company will use its reasonable best efforts to cause list the Underlying Securities to be listed Conversion Shares on the ExchangeThe NASDAQ Stock Market.
Appears in 1 contract
Samples: Underwriting Agreement (Alder Biopharmaceuticals Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive preemptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on The NASDAQ Global Select Market (the “Exchange”).
Appears in 1 contract
Samples: Purchase Agreement (Gogo Inc.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares a number of Common Stock for Shares equal to the purpose Maximum Number of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its reasonable best efforts to cause and maintain the Underlying Securities to be listed listing of such Common Shares on the ExchangeExchange at such times.
Appears in 1 contract
Samples: Purchase Agreement (Invacare Corp)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, a number of shares of Common Stock equal to the Maximum Number of Underlying Securities for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the SecuritiesSecurities and. The Company will use its best reasonable efforts to cause list, subject to official notice of issuance, and maintain the listing of the Maximum Number of Underlying Securities to be listed on the Exchange.
Appears in 1 contract
Samples: Purchase Agreement (Homeaway Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Nasdaq Global Select Market (the “Exchange”).
Appears in 1 contract
Samples: Purchase Agreement (Lexicon Pharmaceuticals, Inc./De)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the ExchangeNotes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Inverness Medical Innovations Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its reasonable best efforts to cause the Underlying Securities to be listed on the ExchangeExchange at such times, subject to official notice of listing.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the SecuritiesShares. The Company will use its best efforts to cause list the Underlying Securities to be listed on the Exchange.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its reasonable best efforts to cause the Underlying Securities to be listed on the ExchangeExchanges.
Appears in 1 contract
Samples: Underwriting Agreement (Central European Distribution Corp)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive preemptive rights, shares of Common Stock Shares for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the New York Stock Exchange (the “Exchange”).
Appears in 1 contract
Samples: Underwriting Agreement (KKR Financial Holdings LLC)
Underlying Securities. The For so long as the Company is subject to such corresponding requirement under the terms of the Indenture, the Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the New York Stock Exchange (the “Exchange”).
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its reasonable best efforts to cause the Underlying Securities to be listed on the Exchange.
Appears in 1 contract
Samples: Purchase Agreement (Marcus Corp)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best commercially reasonable efforts to cause the Underlying Securities to be listed on the New York Stock Exchange.
Appears in 1 contract
Samples: Purchase Agreement (Trulia, Inc.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock the Conversion Shares for the purpose of enabling the Company to satisfy all obligations to issue the any Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities Conversion Shares to be listed and to maintain the listing of the Conversion Shares on the Exchange.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive preemptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Exchange.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations at such time to issue the Underlying Securities upon conversion of the SecuritiesSecurities in accordance with the Indenture. The Company will use its best efforts to cause list, subject to notice of issuance, the Underlying Securities to be listed on the New York Stock Exchange (the “Exchange”).
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Capital Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best commercially reasonable efforts to cause the Underlying Securities to be listed on the New York Stock Exchange (the "Exchange").
Appears in 1 contract
Samples: Purchase Agreement (Chemed Corp)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive preemptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best commercially reasonable efforts to cause the Underlying Securities to be listed on the ExchangeNasdaq Global Select Market and to maintain such listing.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best reasonable efforts to cause the Underlying Securities to be listed on the NASDAQ Global Select Market (the “Exchange”).
Appears in 1 contract
Samples: Purchase Agreement (Rambus Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares a number of Common Stock Shares equal to the Maximum Number of Underlying Securities for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will list on or prior to the Closing Date such number of Common Shares equal to the Maximum Number of Underlying Securities on the Exchange and will use its best commercially reasonable efforts to cause maintain the Underlying Securities to be listed listing of such number of Common Shares on the Exchange.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the SecuritiesNotes. The Company will use its reasonable best efforts to cause the Underlying Securities to be listed on the New York Stock Exchange (the “Exchange”).
Appears in 1 contract
Samples: Purchase Agreement (EQT Corp)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on The New York Stock Exchange (the “Exchange”).
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the New York Stock Exchange (the “Exchange”).
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best reasonable efforts to cause the Underlying Securities to be listed on the Nasdaq Global Select Market (the “Exchange”).
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Exchange.
Appears in 1 contract
Samples: Underwriting Agreement (Savient Pharmaceuticals Inc)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock Ordinary Shares for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Exchange.
Appears in 1 contract
Samples: Purchase Agreement (Verigy Ltd.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the ExchangeNASDAQ Global Select Market.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the any Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on The Nasdaq Global Select Market (the “Exchange”).
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the any Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the ExchangeNASDAQ.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Class A Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Exchange.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive preemptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities Shares issuable upon conversion of the Offered Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the Exchange.
Appears in 1 contract
Samples: Underwriting Agreement (Terex Corp)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the SecuritiesNotes. The Company will use its best commercially reasonable efforts to cause the Underlying Securities to be listed on The New York Stock Exchange (the “Exchange”).
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, a number of shares of Common Stock equal to the maximum number of Underlying Securities for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause a number of shares of Common Stock equal to the maximum number of Underlying Securities to be listed on the Exchange.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities Conversion Shares to be listed on the Exchange.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the Securities. The Company will use its best efforts to cause the Underlying Securities to be listed on the ExchangeNasdaq Market.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive preemptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the SecuritiesNotes. The Company will use its best commercially reasonable efforts to cause the Underlying Securities to be listed on the ExchangeNew York Stock Exchange and to maintain such listing.
Appears in 1 contract
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations to issue the Underlying Securities upon conversion of the SecuritiesSecurities (assuming physical settlement and the maximum conversion rate under any “make-whole” adjustment applies). The Company will use its best efforts to cause the Underlying Securities to be listed on the ExchangeNASDAQ.
Appears in 1 contract
Samples: Purchase Agreement (RumbleON, Inc.)
Underlying Securities. The Company will reserve and keep available at all times, free of pre-emptive rights, shares of Common Stock for the purpose of enabling the Company to satisfy all obligations at such time to issue the Underlying Securities upon conversion of the Securities. The Securities in accordance with the Indenture (assuming the Company will use its best efforts elects to cause the Underlying Securities to be listed on the Exchangesatisfy all conversions with shares of Common Stock).
Appears in 1 contract
