Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable upon conversion of all of the Securities.
Appears in 21 contracts
Samples: Indenture (Adc Telecommunications Inc), Indenture (Cheniere Energy Inc), Indenture (Adc Telecommunications Inc)
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities hereunder, and from time to time as may be necessary, reserve shall at all times reserve and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, solely for the purpose of issuance upon conversion of Securities as herein provided, a sufficient number of shares of Common Stock deliverable to permit the conversion of all outstanding Securities for shares of Common Stock. All shares of Common Stock which may be issued upon conversion of all of the SecuritiesSecurities shall be duly authorized, validly issued, fully paid and nonassessable when so issued.
Appears in 20 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rightsreserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable upon to permit the conversion of all outstanding Securities into shares of the SecuritiesCommon Stock.
Appears in 10 contracts
Samples: Indenture (AbitibiBowater Inc.), Indenture (Bowater Inc), First Supplemental Indenture (Hutchinson Technology Inc)
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rightsreserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable upon to permit the conversion of all outstanding Securities into shares of Common Stock (including after taking into account any adjustments to the SecuritiesConversion Rate pursuant to Section 13.06).
Appears in 4 contracts
Samples: Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp)
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities Debentures hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rightsreserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable upon to permit the conversion of all outstanding Debentures into shares of the SecuritiesCommon Stock.
Appears in 4 contracts
Samples: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Mentor Graphics Corp
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities Notes hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable upon conversion of all of the SecuritiesNotes.
Appears in 4 contracts
Samples: Indenture (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp)
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable to permit delivery upon conversion of all of the Securities.
Appears in 3 contracts
Samples: Indenture (Rambus Inc), Rambus Inc, Rambus Inc
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rightsreserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable upon to permit the conversion of all outstanding Securities into shares of Common Stock (including after taking into account any adjustments to the SecuritiesConversion Price pursuant to Section 13.06).
Appears in 3 contracts
Samples: Indenture (Vector Group LTD), Smith & Wesson Holding Corp, Vector Group LTD
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities Notes hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rightsreserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable upon to permit the conversion of all outstanding Notes into shares of the SecuritiesCommon Stock.
Appears in 3 contracts
Samples: Escrow Agreement (Providence Service Corp), Providence Service Corp, Providence Service Corp
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rightsreserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable upon to permit the conversion of all Securities then Outstanding into shares of Common Stock (including after taking into account any adjustments to the SecuritiesConversion Price pursuant to Section 13.06).
Appears in 2 contracts
Samples: Vector Group LTD, Vector Group LTD
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities Notes hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rightsreserve, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable upon Shares to permit the conversion of all of the Securitiesoutstanding Notes into Shares.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Focus Enhancements Inc)
Company to Provide Stock. (a) The Company shall, prior to the issuance of any Securities hereunder, and from time to time as may be necessary, reserve at all times and keep available, free from preemptive rights, out of its authorized but unissued Common Stock, a sufficient number of shares of Common Stock deliverable to permit upon conversion of all of the Securities, the Company to issue the aggregate number of the Net Shares issuable upon such conversion and any Make-Whole Premium under Section 5.1.
Appears in 1 contract
Samples: Indenture (Rambus Inc)