Common use of Covenant as to Common Stock Clause in Contracts

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)

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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

Samples: Sierra Health Services Inc, Credence Systems Corp

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

Samples: Reconciliation And (Mindspring Enterprises 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. 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

Samples: Indenture (First American Financial Corp)

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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

Samples: Stock Purchase Agreement (Micro Therapeutics 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 10.081309, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Purchase Agreement (World Airways 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 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

Samples: Indenture (First State Bancorporation)

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

Samples: Indenture (Commerce Bancorp Inc /Nj/)

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

Samples: Indenture (First Nationwide Holdings 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 10.089.7 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

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