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 exercise of the Warrants will, upon issuance pursuant to the terms of the Warrants, be duly authorized, validly issued, fully paid and nonassessable.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon exercise against tender of payment in respect of any Purchase Contract constituting a part of the Warrants Outstanding Securities and in payment of any Deferred Yield Enhancement Payments will, upon issuance pursuant to the terms of the Warrantsissuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which that may be issued upon exercise against tender of payment in respect of any Purchase Contract constituting a part of the Warrants willOutstanding Securities and in payment of any Deferred Contract Fees shall, upon issuance pursuant to the terms of the Warrantsissuance, be duly authorized, validly issued, fully paid and nonassessable.

Covenant as to Common Stock. (a) The Company Borrower covenants that all shares of its Common Stock which may be issued upon exercise conversion of the Warrants will, Notes or any Interest Payment in respect thereof will upon issuance pursuant to the terms of the Warrants, issue be duly authorized, validly issued, fully paid and nonassessable.