Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be fully paid and nonassessable and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that may be delivered upon conversion of Securities, upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 13.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes will upon issue be fully paid and nonassessable and, except as provided in Section 2.9 hereof, the Company will pay all taxes, liens and charges with respect to the issue thereof. The Company will endeavor promptly to comply with all Federal and state securities laws regulating the issuance and delivery of shares of Common Stock upon conversion of Notes, if any, and will use its best efforts to list or cause to have quoted all such shares of Common Stock on each United States national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be fully paid and nonassessable and, except as provided in Section 16.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Covenant as to Common Stock. The Company agrees that all shares of Common Stock which may be delivered upon conversion of Notes, upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of the Note or the Credit Facility Note will upon issuance be fully paid and nonassessable and, except as provided in Section 11.8 hereof, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon exercise of the Warrants will, upon issuance pursuant to the terms of the Warrants, be duly authorized, validly issued, fully paid and nonassessable.
Covenant as to Common Stock. The Issuer covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be fully paid and nonassessable.
Covenant as to Common Stock. (a) The Company covenants that all shares of its Common Stock which may be issued upon conversion of Convertible Notes will upon issue be validly issued, fully paid and nonassessable.
(b) The Company shall from time to time take all action necessary so that the Common Stock which may be issued upon conversion of Convertible Notes, immediately upon their issuance (or, if such Common Stock is subject to restrictions on transfer under the Securities Act, upon their resale pursuant to an effective registration statement filed under the Securities Act), will be listed on the principal securities exchanges, interdealer quotation systems and markets, if any, on which other shares of Common Stock of the Company are then listed or quoted.
