Common use of Covenants as to Warrant Shares Clause in Contracts

Covenants as to Warrant Shares. The Company covenants and agrees that all Warrant Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that it will at all times prior to the Termination Date (as defined below) have authorized and reserved, free from preemptive rights, a sufficient number of Warrant Shares to provide for the exercise of the rights represented by this Warrant. If at any time prior to the Termination Date the number of authorized but unissued shares of Common Stock shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.

Appears in 4 contracts

Samples: And Commercialization Agreement (Dance Biopharm, Inc.), And Commercialization Agreement (Dance Biopharm, Inc.), Dance Biopharm, Inc.

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Covenants as to Warrant Shares. The Company covenants and agrees that all Warrant Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that it the Company will at all times prior to the Termination Date (as defined below) hereunder have authorized and reserved, free from preemptive rights, a sufficient number of Warrant its Common Shares to provide for the exercise of the rights represented by this Warrant. If at any time prior to the Termination Date the number of authorized but unissued shares of Common Stock Shares shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock Shares to such number of shares as shall be sufficient for such purposes.

Appears in 4 contracts

Samples: CastlePoint Holdings, Ltd., Maiden Holdings, Ltd., Maiden Holdings, Ltd.

Covenants as to Warrant Shares. The Company covenants and agrees that all Warrant Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that it the Company will at all times prior to during the Termination Date (as defined below) Exercise Period, have authorized and reserved, free from preemptive rights, reserved a sufficient number of Warrant Shares shares of its Common Stock to provide for the exercise of the rights represented by this Warrant. If at any time prior to during the Termination Date Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, may be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.

Appears in 2 contracts

Samples: Exercise Agreement (Korn Ferry International), Exercise Agreement (Bearingpoint Inc)

Covenants as to Warrant Shares. The Company covenants and agrees that all Warrant Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuanceissuance in accordance with the terms hereof, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that it the Company will at all times prior to during the Termination Date (as defined below) Exercise Period have authorized and reserved, free from preemptive rights, a sufficient number of Warrant Shares shares of its capital stock to provide for the exercise of the rights represented by this Warrant. If at any time prior to during the Termination Date Exercise Period the number of authorized but unissued shares of Common Stock capital stock shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock capital stock to such number of shares as shall be sufficient for such purposes.

Appears in 2 contracts

Samples: Note and Warrant (Salient Surgical Technologies, Inc.), BioTrove, Inc.

Covenants as to Warrant Shares. The Company covenants and agrees that all Warrant Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that it the Company will at all times prior to during the Termination Date (as defined below) Exercise Period have authorized and reserved, free from preemptive rights, a sufficient number of Warrant Shares shares of Common Stock to provide for the exercise of the rights represented by this Warrant. If at any time prior to during the Termination Date Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.. 3.2

Appears in 1 contract

Samples: Securities Purchase Agreement (Cambridge Display Technology, Inc.)

Covenants as to Warrant Shares. The Company covenants and agrees that all Warrant Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that it the Company will at all times prior to during the Termination Date (as defined below) Exercise Period, have authorized and reserved, free from preemptive rights, a sufficient number of shares of its Warrant Shares to provide for the exercise of the rights represented by this Warrant. If at any time prior to during the Termination Date Exercise Period the number of authorized but unissued shares of Common Stock Warrant Shares shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock Warrant Shares to such number of shares as shall be sufficient for such purposes.

Appears in 1 contract

Samples: License Agreement (Devax Inc)

Covenants as to Warrant Shares. The Company covenants and agrees that all Warrant Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that it the Company will at all times prior to during the Termination Date (as defined below) Exercise Period, have authorized and reserved, free from preemptive rights, a sufficient number of Warrant Shares shares of its Common Stock to provide for the exercise of the rights represented by this Warrant. If at any time prior to during the Termination Date Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.

Appears in 1 contract

Samples: Niku Corp

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Covenants as to Warrant Shares. The Company covenants and agrees that all Warrant Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that it the Company will at all times prior to during the Termination Date (as defined below) Exercise Period, have authorized and reserved, free from preemptive rights, a sufficient number of shares of the series of equity securities comprising the Warrant Shares to provide for the exercise of the rights represented by this Warrant. If at any time prior to during the Termination Date Exercise Period the number of authorized but unissued shares of Common Stock such series of the Company’s equity securities shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock such series of the Company’s equity securities to such number of shares as shall be sufficient for such purposes.

Appears in 1 contract

Samples: Principia Biopharma Inc.

Covenants as to Warrant Shares. The Company Issuer covenants and agrees that all Warrant Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company Issuer further covenants and agrees that it the Issuer will at all times prior to the Termination Date (as defined below) hereunder have authorized and reserved, free from preemptive rights, a sufficient number of Warrant Shares shares of its Common Stock to provide for the exercise of the rights represented by this Warrant. If at any time prior to the Termination Date the number of shares of authorized but unissued shares of Common Stock shall not be sufficient to permit exercise of this Warrant, the Company Issuer will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.

Appears in 1 contract

Samples: Patriot Risk Management, Inc.

Covenants as to Warrant Shares. The Company covenants and agrees that all Warrant Shares that may be issued upon the exercise of the rights represented by this Warrant will, upon issuance, be validly issued and outstanding, fully paid and nonassessable, and free from all taxes, liens and charges with respect to the issuance thereof. The Company further covenants and agrees that it the Company will at all times prior to during the Termination Date (as defined below) Exercise Period have authorized and reserved, free from preemptive rights, a sufficient number of Warrant Shares shares of Common Stock to provide for the exercise of the rights represented by this Warrant. If at any time prior to during the Termination Date Exercise Period the number of authorized but unissued shares of Common Stock shall not be sufficient to permit exercise of this Warrant, the Company will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.

Appears in 1 contract

Samples: Securities Purchase Agreement (FUND.COM Inc.)

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