Warrant Rights. The Company covenants and agrees that during the term of this Agreement and so long as any Warrant is outstanding, (a) the Company will at all times have authorized and reserved a sufficient number of shares of Common Stock and Other Securities, to provide for the exercise in full of the rights represented by the Warrants and the exercise in full of the rights of the Holders under the Shareholder Agreement; (b) the Company will not increase or permit to be increased the par value per share or stated capital of the Issuable Warrant Shares or the consideration receivable upon issuance of its Issuable Warrant Shares; and (c) in the event that the exercise of the Warrant would require the payment by the Holder of consideration for the Common Stock or Other Securities receivable upon such exercise of less than the par or stated value of such Issuable Warrant Shares, the Company and the Shareholder will promptly take such action as may be necessary to change the par or stated value of such Issuable Warrant Shares to an amount less than or equal to such consideration.
Warrant Rights. With respect to any rights or warrants (the “Rights”) that may be issued or distributed pursuant to any rights plan that the Company implements after the date of this Warrant (a “Rights Plan”), to the extent that such Rights Plan is in effect at an Exercise Date, the Holder will receive, with respect to the Common Stock issued upon such exercise, the Rights described therein (whether or not the Rights have separated from the Common Stock at the time of exercise), subject to the limitations set forth in and in accordance with the provisions of any such Rights Plan.
Warrant Rights. Subject to the approval and filing of the Amended and -------------- Restated Articles, the Company covenants and agrees that, during the term of this Agreement and so long as any Warrant is outstanding, (a) the Company will at all times have authorized and reserved a sufficient number of shares of Common Stock and Other Securities (if any), to provide for the exercise in full of the rights represented by the Warrants and the exercise in full of the rights of the Holders under this Agreement and the Other Agreements, (b) the Company will not increase or permit to be increased the par value per share or stated capital of the Issuable Warrant Shares or the consideration receivable upon issuance of its Issuable Warrant Shares and (c) if the exercise of the Warrant would require the payment by the Holder of consideration for the Common Stock or Other Securities (if any) receivable upon such exercise of less than the par or stated value of such Issuable Warrant Shares, then the Company will promptly take such action as may be necessary to change the par or stated value of such Issuable Warrant Shares to an amount less than or equal to such consideration.
Warrant Rights. The Holder shall be entitled to receive Warrants to purchase shares of the Borrower’s common stock, as set forth in the Note Purchase Agreement and in Sections 1(b) and 1(c) of this Note (without duplication).
Warrant Rights. The Company will grant the Lender a Common Stock Purchase Warrant (the "Warrant") in the form of Exhibit C hereto that is exercisable into the number --------- of shares of Common Stock equal to the aggregate dollar amount of the Loan (rounded to the nearest dollar) (the "Exercise Shares"). The Warrant shall have an exercise price of $2.00 per share (the "Exercise Price"). The number of Exercise Shares and the Exercise Price shall be subject to adjustment in accordance with the terms of the Warrant. The Warrant shall have a term of five (5) years. Upon exercise of the Warrant, the Lender will have and be entitled to exercise the registration rights granted pursuant to Section 13 of this ---------- Agreement with respect to the shares of Common Stock issued upon exercise of the Warrant.
Warrant Rights. Each Warrant shall entitle the Warrant Holder, -------------- upon exercise thereof and payment of the Exercise Price (and any taxes as contemplated in this Agreement) within the period described in Section 2.03, and ------------ subject to the provisions of the Warrant Certificate evidencing such Warrant and this Agreement, including provisions relating to adjustments upon the occurrence of certain events as set forth in Article III hereof, to receive one fully paid ----------- and nonassessable share of Bank Common Stock.
Warrant Rights. The Company covenants and agrees that during the term of this Agreement and so long as the Warrant is outstanding, (a) the Company will at all times have authorized and reserved a sufficient number of shares of Capital Stock to provide for the exercise in full of the rights represented by the Warrant, (b) the Company will not increase or permit to be increased the par value per share or stated capital of its Common Stock or other shares purchasable under the Warrant or the consideration receivable upon issuance of its Capital Stock, and (c) in the event that the exercise of the Warrant would require the payment by the Holder of consideration for the Common Stock or Other Consideration receivable upon such exercise of less than the par or stated value of such stock, the Company and the Shareholder will promptly take, and use its best efforts to have its security holders take, such action as may be necessary to change the par or stated value of such stock to an amount less than or equal to such consideration.
Warrant Rights. The Company covenants and agrees that during the term of this Agreement and so long as any Warrant is outstanding, (a) the Company will at all times have authorized and reserved a sufficient number of shares of Series D Convertible Preferred Stock and Common Stock to provide for the exercise in full of the rights represented by the Warrants and the exercise in full of the other rights of the Holders; (b) the Company will not increase or permit to be increased the par value per share or stated capital of the Issuable Warrant Shares or the consideration receivable upon issuance of its Issuable Warrant Shares, subject to adjustments made in accordance with the provision of Section 2.12 of this Agreement; and (c) in the event that the exercise of the Warrants would require the payment by the Holder of consideration for the Series D Convertible Preferred Stock and/or Common Stock receivable upon such exercise of less than the par or stated value of such Issuable Warrant Shares, the Company will promptly take such action as may be necessary to change the par or stated value of such Issuable Warrant Shares to an amount less than or equal to such consideration.
Warrant Rights. The Company will grant each of the Lenders a Common Stock Purchase Warrant (collectively, the "Warrants") in the form of Exhibit D hereto that is exercisable into the number of shares of Common Stock set forth on Exhibit E hereto (the "Exercise Shares"). The Warrants shall have an exercise price of $2.00 per share (the "Exercise Price"). The number of Exercise Shares and the Exercise Price shall be subject to adjustment in accordance with the terms of the Warrants. The Warrants shall have a term of five (5) years. Subordination The Notes are secured obligations of the Company subordinate to the existing indebtedness of the Company to Coast Business Credit, a division of Southern Pacific Bank (the "Senior Debt") and of the same priority in interest as Fernwood I under the Fernwood Loan. Each Lender agrees to execute any subordination agreement reasonably requested by any holder of the Senior Debt.
Warrant Rights. Each and all of the Warrant Rights have been validly issued to the Agent, ratably for the benefit of the Lenders, are presently in full force and effect, and all such Warrant Rights are enforceable against IMAGEMAX in accordance with their respective terms, except to the extent enforceability is limited by bankruptcy and other similar laws affecting creditors' rights generally.
