Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 9 contracts
Samples: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/), Indenture (Finisar Corp)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 10.0813.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 8 contracts
Samples: Indenture (Human Genome Sciences Inc), Indenture (Affymetrix Inc), Indenture (Affymetrix Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Debentures, including interest, additional shares of Common Stock and penalties, will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, and the Company will pay all taxes, liens and charges with that may be payable in respect to of the issue thereofor delivery of shares of Common Stock on conversion of Debentures pursuant hereto.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Cryocon Inc), Securities Purchase Agreement (Flexpoint Sensor Systems Inc), Securities Purchase Agreement (Cryocon Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be validly issued, fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereofnon assessable.
Appears in 6 contracts
Samples: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.081308, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 6 contracts
Samples: Indenture (Hilb Rogal & Hamilton Co /Va/), Indenture (Speedway Motorsports Inc), Res Care Inc /Ky/
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Notes will Securities shall upon issue be newly issued (and not treasury shares) and shall be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 10.0812.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.
Appears in 5 contracts
Samples: Indenture (Transwitch Corp /De), Transwitch Corp /De, Triquint Semiconductor Inc
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Notes will shall upon issue be newly issued (and not treasury shares) and shall be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 10.0812.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.
Appears in 4 contracts
Samples: Transwitch Corp /De, Transwitch Corp /De, Transwitch Corp /De
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.0812.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 4 contracts
Samples: Lifetime Brands, Inc, Indenture (Commerce Bancorp Inc /Nj/), Indenture (Dov Pharmaceutical Inc)
Covenant as to Common Stock. The Company covenants that all shares --------------------------- of Common Stock which may be issued upon conversion of Notes the Note will upon issue issuance be fully paid and nonassessable and, except as provided in Section 10.089.9, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 3 contracts
Samples: Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Convertible Notes will upon issue be validly issued, fully paid and nonassessable and, except will rank equally and be of the same class as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to shares of Common Stock outstanding on the issue thereofconversion date.
Appears in 3 contracts
Samples: Dendreon Corp, Dendreon Corp, Artisan Equity LTD
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.0813.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes will Securities shall upon issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 10.0813.07, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Internet Capital Group Inc, Internet Capital Group Inc
Covenant as to Common Stock. (a) The Company covenants that all shares of its Common Stock which may be issued upon conversion of Convertible Notes will upon issue be validly issued, fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.
Appears in 2 contracts
Samples: Indenture (United Usn Inc), Indenture (Usn Communications Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.0815.09, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Indenture (Associated Banc-Corp), Indenture (Associated Banc-Corp)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.0815.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Royal Gold Inc /De/, Royal Gold Inc /De/
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.081508, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Atmos Energy Corp, Pinnacle West Capital Corp
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.0816.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.0817.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon conversion of Notes Debentures will upon issue be fully paid and nonassessable non-assessable and, except as provided in Section 10.0811.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 2 contracts
Samples: Indenture (Code Alarm Inc), Indenture (Meridian Bioscience Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.
Appears in 1 contract
Samples: Anadarko Petroleum Capital Trust Iii
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.081609, 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 covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable. SECTION 1510.
Appears in 1 contract
Samples: Anadarko Petroleum Corp
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes will upon issue be validly issued, fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.
Appears in 1 contract
Samples: Telegroup Inc
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, the Company Issuers will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Freeport McMoran Copper & Gold Inc
Covenant as to Common Stock. The Company covenants --------------------------- that all shares of Common Stock which may be issued upon conversion of Notes will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Asyst Technologies Inc /Ca/
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.as
Appears in 1 contract
Samples: Indenture (Fuisz Technologies LTD)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Debentures will upon issue be fully paid and nonassessable and, except as provided in Section 10.0812.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Resale Registration Rights Agreement (Primus Telecommunications Group Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.0812.9, 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 covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue issuance be fully paid and nonassessable and, except as provided in Section 10.08, and that the Company will pay all taxes, liens and charges with respect to the issue issuance thereof, except (1) as provided in Section 12.8 or (2) with respect to any liens or charges created by or imposed upon such Common Stock by the Holder of the Security or Securities to be converted.
Appears in 1 contract
Samples: Vitesse Semiconductor Corp
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes the Note and for the sale pursuant to the Stock Purchase Agreement will upon issue issuance be fully paid and nonassessable and, except as provided in Section 10.0812.8 hereof, 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 covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.081309, 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 covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable non- assessable and, except as provided in Section 10.081308, 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 covenants that all shares of Common Stock which that may be issued upon conversion of Notes Debentures will upon issue be fully paid and nonassessable and, except as provided in Section 10.0817.08, 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 covenants that all shares of Common Stock which may be issued upon conversion of Notes will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.
Appears in 1 contract
Samples: Indenture (Openwave Systems Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.081208, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Dimon Inc
Covenant as to Common Stock. (a) The Company covenants that all shares of its Common Stock which may be issued upon conversion of Notes will upon issue be validly issued, fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.
Appears in 1 contract
Samples: Indenture (PLD Telekom Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens Liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Wabash National Corp /De
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of the Notes will and/or exercise of the Warrants will, upon issue issuance pursuant to the terms of the Notes and/or the Warrants, as the case may be, be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Acclaim Entertainment Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes will upon issue be fully paid and nonassessable and, except as provided in Section 10.085.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Continental Airlines Inc /De/
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue issuance be fully paid and nonassessable and, except as provided in Section 10.08, and that the Company will pay all taxes, liens and charges with respect to the issue issuance thereof, except (1) as provided in Section 12(i) or (2) with respect to any liens or charges created by or imposed upon such Common Stock by the Holder of the Securities to be converted.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Electro Energy Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes the Note will upon issue such conversion and issuance be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereofnonassessable.
Appears in 1 contract
Samples: Subordinated Convertible Note Agreement (Cardica Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be fully paid and nonassessable and, except as provided in Section 10.081308, the Company will pay all taxestaxes or duties, liens and charges with respect to the issue thereof.
Appears in 1 contract
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes the Note will upon issue issuance be fully paid and nonassessable and, except as provided in Section 10.089.7 hereof, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Convertible Subordinated Note Agreement (Senorx Inc)
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: McMoran Exploration Co /De/
Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Notes Securities will upon issue be duly and validly issued and fully paid and nonassessable and, except as provided in Section 10.0812.09, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Loral Space & Communications LTD
Covenant as to Common Stock. The Company covenants that --------------------------- all shares of Common Stock which may be issued upon conversion of Notes will upon issue be fully paid and nonassessable and, except as provided in Section 10.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.
Appears in 1 contract
Samples: Resmed Inc