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)
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)
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