Common use of Covenant as to Common Stock Clause in Contracts

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)

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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

Samples: First Supplemental Indenture (Inacom Corp)

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

Samples: Indenture (Exodus Communications Inc)

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)

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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

Samples: Supplemental Indenture (Proffitts Inc)

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

Samples: First Supplemental Indenture (Inacom Corp)

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

Samples: Indenture (Church & Dwight Co Inc /De/)

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

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