Certain Covenants of the Company. (i) The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve out of its authorized but unissued Common Stock or shares of Common Stock held in treasury, a sufficient number of shares of Common Stock, free of preemptive rights, to permit the conversion of the Securities.
Appears in 12 contracts
Samples: First Supplemental Indenture (Flotek Industries Inc/Cn/), Purchase (Kyphon Inc), First Supplemental Indenture (Flotek Industries Inc/Cn/)
Certain Covenants of the Company. (i) The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve out of its authorized but unissued Common Stock or shares of Common Stock held in treasury, a sufficient number of shares of Common Stock, free of preemptive rights, to permit the conversion of the Securities.
Appears in 8 contracts
Samples: Indenture (Pier 1 Imports Inc/De), Newmont Mining Corp /De/, Pier 1 Imports Inc/De
Certain Covenants of the Company. (i) The Company shall, prior to issuance of any Securities Notes hereunder, and from time to time as may be necessary, reserve out of its authorized but unissued Common Stock or shares of Common Stock held in treasury, a sufficient number of shares of Common Stock, free of preemptive rights, to permit the conversion of the SecuritiesNotes.
Appears in 3 contracts
Samples: Goodrich Petroleum Corp, Goodrich Petroleum Corp, Goodrich Petroleum Corp
Certain Covenants of the Company. (i) The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve out of its authorized but unissued Common Capital Stock or shares of Common Capital Stock held in treasury, a sufficient number of shares of Common Capital Stock, free of preemptive rights, to permit the conversion of the Securities.
Appears in 2 contracts
Samples: Chemed Corp, Chemed Corp
Certain Covenants of the Company. (i) The Company shall, prior to issuance of any Securities Notes hereunder, and from time to time as may be necessary, reserve out of its authorized but unissued Common Stock or shares of Common Stock held in treasury, a sufficient number of shares of Common Stock, free of preemptive rights, to permit the conversion repurchase of the SecuritiesNotes pursuant to this Section 5.02.
Appears in 2 contracts
Samples: Indenture (Annaly Capital Management Inc), Annaly Capital Management Inc
Certain Covenants of the Company. (i) The Company shall, prior to issuance of any Securities Notes hereunder, and from time to time as may be necessary, reserve out of its authorized but unissued Common Stock or shares of Common Stock held in treasury, a sufficient number of shares of Common Stock, free of preemptive rights, to permit the conversion of the SecuritiesNotes pursuant to Section 6.02(a).
Appears in 2 contracts
Samples: Indenture (Annaly Capital Management Inc), Annaly Capital Management Inc
Certain Covenants of the Company. (i) The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve out of its authorized but unissued Common Stock or shares of Common Stock held in treasury, a sufficient number of shares of Common Stock, free of preemptive rights, to permit the conversion of the SecuritiesSecurities and to deliver any shares of Common Stock required to be delivered by the Company upon conversion of the Securities in accordance with this Article 12.
Appears in 1 contract
Samples: Veeco Instruments Inc
Certain Covenants of the Company. (i) The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve out of its authorized but unissued Common Stock or shares of Common Stock held in treasury, a sufficient number of shares of Common Stock, free of preemptive rights, to permit the conversion of the Securities, calculated assuming the maximum number of Additional Shares are issuable upon conversion of the Securities pursuant to Section 8.04.
Appears in 1 contract
Samples: Indenture (Grubb & Ellis Co)
Certain Covenants of the Company. (i) The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessary, reserve out of its authorized but unissued Common Stock or shares of Common Stock held in treasury, a sufficient number of shares of Common Stock, free of preemptive rights, to permit the conversion of the SecuritiesSecurities in accordance with the terms hereof.
Appears in 1 contract
Samples: Eddie Bauer Holdings, Inc.
Certain Covenants of the Company. (ia) The Company shall, prior to issuance of any Securities hereunder, and from time to time as may be necessarynecessary prior to the Stated Maturity Date, reserve out of its authorized but unissued Common Stock or shares of Common Stock held in treasury, a sufficient number of shares of Common Stock, free of preemptive rights, to permit the conversion of the Securities.
Appears in 1 contract
Samples: Catalyst Biosciences, Inc.