Common use of Availability of Preferred Shares Clause in Contracts

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares (or Common Shares and other securities, as the case may be) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (or Common Shares and other securities, as the case may be) (subject to payment of the Purchase Price), be duly authorized, validly issued, fully paid and non-assessable shares.

Appears in 6 contracts

Samples: Rights Agreement (Terran Orbital Corp), Rights Agreement, Rights Agreement (Eagle Bulk Shipping Inc.)

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Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares (or Common Shares and of the Company or other securities, as the case may be) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (or Common Shares of the Company and other securities, as the case may be) (subject to payment of the Purchase Price), be duly authorized, and validly issued, authorized and issued and fully paid and non-assessable nonassessable shares.

Appears in 4 contracts

Samples: Rights Agreement (Global Eagle Entertainment Inc.), Rights Agreement (Versum Materials, Inc.), Rights Agreement

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares (or Common Shares and of the Company or other securities, as the case may be) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (or Common Shares of the Company and other securities, as the case may be) (subject to payment of the Purchase PricePrice and compliance with all other applicable provisions of this Agreement), be duly authorized, and validly issued, authorized and issued and fully paid and non-assessable nonassessable shares.

Appears in 3 contracts

Samples: Rights Agreement (Office Depot Inc), Rights Agreement (Office Depot Inc), Rights Agreement (Nn Inc)

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Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its reasonable efforts cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares securities delivered (or Common Shares and other securities, as evidenced by registration in the case may beCompany’s share register) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (or Common Shares and other securities, as the case may beregistration of) such securities (subject to payment of the Purchase Price), be duly authorized, and validly issued, authorized and issued and fully paid and non-assessable sharesnonassessable.

Appears in 1 contract

Samples: Rights Agreement (Central European Distribution Corp)

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