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 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 10.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 3 contracts

Samples: Indenture Agreement (Protein Design Labs Inc/De), Asm International N V, Cell Therapeutics 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 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 10.8SECTION 11.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 2 contracts

Samples: Indenture (Etoys Inc), Indenture (Etoys 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 10.8SECTION 11.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Indenture (Millennium Pharmaceuticals 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 SecuritiesSecurities will be newly issued shares and, 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 10.81308, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Samples: Southern Mineral Corp

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