Common use of Issuance of the Shares Clause in Contracts

Issuance of the Shares. The Shares will be duly authorized and when issued in accordance with the terms hereof will be validly issued, fully paid and nonassessable. There are no preemptive or similar rights of any stockholder of the Company or any other person to acquire the Shares.

Appears in 8 contracts

Samples: Consent Agreement (Bally Total Fitness Holding Corp), Consent Agreement (Bally Total Fitness Holding Corp), Consent Agreement (Bally Total Fitness Holding Corp)

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Issuance of the Shares. The Shares will be have been duly authorized and and, when issued in accordance with and delivered to the terms hereof Investor against payment therefor as provided by this Agreement, will be validly issued, fully paid and nonassessable. There are no non-assessable, and the issuance of such Shares will not be subject to any preemptive or similar rights of any stockholder of the Company or any other person to acquire the Sharesrights.

Appears in 1 contract

Samples: Subscription Agreement (Aether Systems Inc)

Issuance of the Shares. The Shares have been duly authorized and, when issued and paid for in accordance with this Agreement, will be duly and validly issued, and the Shares will be duly authorized and when issued in accordance with the terms hereof will be validly issued, fully paid and nonassessable, free and clear of all liens, charges, encumbrances, security interests, right of first refusals, preemptive rights or other restriction of any kind (“Liens”). There are no The issuance of the Shares is not subject to any preemptive or similar rights of any stockholder of the Company to subscribe for or any other person to acquire the Sharespurchase securities.

Appears in 1 contract

Samples: Restricted Stock Unit Purchase Agreement (Iceweb Inc)

Issuance of the Shares. The Shares are duly authorized and, when issued for the Purchase Price, will be duly authorized and when issued in accordance with the terms hereof will be validly issued, fully paid and nonassessablenon-assessable, will be free and clear of any liens imposed by or through the Company, will not be subject to preemptive rights and will not subject the holder thereof to personal liability by reason of being such a holder. There are currently no preemptive or similar rights of any stockholder of the Company or any other person to acquire the Shares. The Shares underlying the Warrants are duly authorized and reserved for by the Company.

Appears in 1 contract

Samples: Investment Agreement (Acclaim Entertainment Inc)

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Issuance of the Shares. The Shares and any Additional Shares will be duly authorized and when issued in accordance with the terms hereof will be validly issued, fully paid and nonassessable. There are no preemptive or similar rights of any stockholder of the Company or any other person to acquire the Shares or the Additional Shares.

Appears in 1 contract

Samples: Consent Agreement (Bally Total Fitness Holding Corp)

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