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.
Appears in 20 contracts
Samples: Hewitt Associates Inc, Indenture (Chiron Corp), Indenture (Advanced Energy Industries Inc)
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which 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.
Appears in 19 contracts
Samples: Indenture (Cirrus Logic Inc), Indenture (DSC Communications Corp), Indenture (Redback Networks Inc)
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which 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 12.81208, the Company will pay all stamp and similar taxes, liens and charges with respect to the issue thereof.
Appears in 7 contracts
Samples: Indenture (Thermotrex Corp), Indenture (Thermo Electron Corp), Thermo Electron Corp
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which 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 shall be issued out of the Company's authorized but unissued Common Stock) and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 5 contracts
Samples: Indenture (Interim Services Inc), Tech Data Corp, Tech Data Corp
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which may be delivered upon conversion of SecuritiesNotes, upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.810.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 5 contracts
Samples: Indenture (Orion Power Holdings Inc), Indenture (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/
Covenant as to Common Stock. The Company agrees covenants that all shares of Common Stock that which may be delivered upon conversion of SecuritiesSecurities will be newly issued shares, upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.813.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 4 contracts
Samples: Indenture (MRV Communications Inc), Aspen Technology Inc /De/, Homebase Inc
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 will rank equally with the other shares of the Company’s Common Stock and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 4 contracts
Samples: Indenture (Epix Medical Inc), Tia Indenture (Solectron Corp), Indenture (Mercury Computer Systems Inc)
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which may be delivered upon conversion of SecuritiesNotes, upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.810.12, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 3 contracts
Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/
Covenant as to Common Stock. The Company agrees covenants that all shares of Common Stock that which may be delivered upon conversion of Securities, Securities will be validly issued shares and upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.812.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Indenture (Rite Aid Corp), America Online Inc
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which may be delivered upon conversion of Securities, upon such delivery, will be newly issued shares and will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.811.8, the ------------ Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Indenture (Cor Therapeutics Inc / De), Siebel Systems Inc
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which 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 12.811.8, the Company will pay all taxes, liens and ------------ charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Indenture (Medarex Inc), Medarex Inc
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which 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 12.81308, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: National Data Corp, Reptron Electronics Inc
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that may be delivered upon conversion of Securitiesany Securities to which Article 9 applies, upon such delivery, will be newly issued shares and will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.89.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Epicept Corporation (Epicept Corp), Epicept Corporation (Epicept Corp)
Covenant as to Common Stock. The Company agrees covenants that all shares of Common Stock that which may be delivered upon conversion of SecuritiesSecurities will be newly issued shares, upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.814.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Apria Healthcare Group Inc
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 be newly issued shares and will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.812.14, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Indenture (Conseco Inc)
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which 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.. -173- 185
Appears in 1 contract
Samples: Staples Inc
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which may be delivered upon conversion of Securities____% Debentures will be newly issued shares and, upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.81408, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which may be delivered issued upon conversion of SecuritiesSecurities will, upon such deliveryissuance, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.814.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Advanced Energy Industries Inc
Covenant as to Common Stock. The Company agrees that all shares --------------------------- of Common Stock that which 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.
Appears in 1 contract
Covenant as to Common Stock. The Company Holdings 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 12.815.08, Holdings or the Company will shall pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Indenture (United Rentals Inc /De)
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which 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 12.812.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Monmouth Real Estate Investment Corp
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that may be delivered upon conversion of SecuritiesSecurities of any series to which this Article 9 applies, upon such delivery, will be newly issued shares and will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.89.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Epicept Corp
Covenant as to Common Stock. The Company agrees covenants that all shares of Common Stock that which may be delivered upon conversion of SecuritiesSecurities will be newly issued shares, upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.81409, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Indenture (King Pharmaceuticals Inc)
Covenant as to Common Stock. The Company Corporation agrees that all shares of Common Stock that may be delivered upon conversion of Convertible 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 12.82.8 hereof, the Company Corporation will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Supplemental Indenture (Constellation Energy Group Inc)
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 be newly issued shares and will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.811.8, the Company will pay all ------------ taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Digital Island Inc
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 non-assessable and, except as provided in Section 12.812.5, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Bowne & Co Inc
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 will rank equally with the other shares of the Company's Common Stock and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Solectron Corp
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which 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 Stock) and, except as provided in Section 12.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Indenture (Uromed Corp)
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which may be delivered upon conversion of SecuritiesSecurities will be newly issued shares and, upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.81308, the Company will pay all taxes, liens and charges with respect to the issue thereof. SECTION 1310.
Appears in 1 contract
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which may be delivered upon conversion of Securities4.50% Debentures will be newly issued shares and, upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.81408, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
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 be newly issued shares and will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.810.8, the ------------ Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Cell Therapeutics Inc
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which may be delivered issued upon conversion of SecuritiesSecurities will, upon such deliveryissuance, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.814.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.. 91 100
Appears in 1 contract
Samples: Advanced Energy Industries Inc
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 12.812.5, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Covenant as to Common Stock. The Company agrees covenants that all shares of Common Stock that which may be delivered upon conversion of Securities, Securities will be validly issued shares and upon such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.812.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Rite Aid Corp
Covenant as to Common Stock. The Company Corporation agrees that all shares of Common Stock that may be delivered upon conversion of Convertible 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 12.816.08 hereof, the Company Corporation will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Baltimore Gas & Electric Co
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which may be issued and delivered upon conversion of Securitiesthe Notes will, upon such deliveryissuance, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 12.814.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Timco Engine Center Inc
Covenant as to Common Stock. The Company agrees that all shares of Common Stock that which 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 12.811.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: I2 Technologies Inc
Covenant as to Common Stock. The Company agrees that all shares --------------------------- of Common Stock that which 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 12.88.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Exodus Communications Inc