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 Securities will upon issue 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 23 contracts

Samples: Indenture (Cv Therapeutics Inc), Indenture (Nektar Therapeutics), Indenture (Cv Therapeutics Inc)

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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 Securities will upon issue be fully paid and nonassessable and, except as provided in Section 12.815.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 19 contracts

Samples: Indenture (Aqua America Inc), Indenture (Aqua America Inc), Aqua America Inc

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue 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 19 contracts

Samples: Indenture (FMC Corp), Indenture (FMC Corp), Indenture (FMC Corp)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Notes will upon issue 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 6 contracts

Samples: Indenture (Ciphergen Biosystems Inc), Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Signature Resorts Inc

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be fully paid and nonassessable and, except as provided in Section 12.813.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 5 contracts

Samples: Payton Shipping Corp., Jefferies Group Inc /De/, Jefferies Group Inc /De/

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue 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 5 contracts

Samples: Indenture (Solutia Inc), Supplemental Indenture (Corning Inc /Ny), Perkinelmer Inc

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon on conversion of Securities will upon on issue be fully paid and nonassessable and, except as provided in Section 12.813.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 4 contracts

Samples: Indenture (Innovative Valve Technologies Inc), American Residential Services Inc, American Residential Services Inc

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities the Note or the Credit Facility Note will upon issue issuance be fully paid and nonassessable and, except as provided in Section 12.811.8 hereof, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 3 contracts

Samples: Convertible Subordinated Note Agreement (Abbott Laboratories), Convertible Subordinated Note Agreement (Micro Therapeutics Inc), Convertible Subordinated Note 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 Securities will upon issue be fully paid and nonassessable non-assessable and, except as provided in Section 12.811.08, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 3 contracts

Samples: Basin Exploration Inc, Hs Resources Inc, Cross Timbers Oil Co

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities the Credit Facility Note will upon issue issuance be fully paid and nonassessable and, except as provided in Section 12.83.8 hereof, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 2 contracts

Samples: Credit Agreement (Micro Therapeutics Inc), Credit Agreement (Abbott Laboratories)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be fully paid and nonassessable and, except as provided in Section 12.816.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 2 contracts

Samples: Trust Indenture (Safeco Corp), Trust Indenture (Safeco 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 Securities Debentures will upon issue be fully paid and nonassessable and, except as provided in Section 12.8508 hereof, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 2 contracts

Samples: Indenture (Healthcare Realty Trust Inc), Capstone Capital Corp

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Series A Convertible Debentures will upon issue be fully paid and nonassessable and, except as provided in Section 12.85.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Aes Corporation

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Series A Convertible Debentures will upon issue be fully paid and nonassessable and, except as provided in Section 12.86.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Aes Corporation

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be are issued upon conversion of Securities Notes will upon issue 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 1 contract

Samples: Indenture (Veeco Instruments Inc)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue 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: Pinnacle West Capital Corp

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities Convertible Debentures will upon issue be fully paid and nonassessable and, except as provided in Section 12.89.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Purchase Agreement (Benesse Corp)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue issuance be fully paid and nonassessable and, except as provided in Section 12.8, and that the Company will pay all taxes, liens 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: L 3 Communications Holdings Inc

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