Common use of Reservation and Availability of Common Shares Clause in Contracts

Reservation and Availability of Common Shares. (a) The Company covenants and agrees that at all times prior to the occurrence of a Section 11(a)(ii) Event it will cause to be reserved and kept available out of its authorized and unissued Common Shares or any authorized and issued Common Shares held in its treasury, the number of Common Shares that will be sufficient to permit the exercise in full of all outstanding Rights, and after the occurrence of a Section 11(a)(ii) Event, shall, to the extent reasonably practicable, so reserve and keep available a sufficient number of Common Shares (and/or other securities) which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement. So long as the Common Shares (and, after the occurrence of a Section 11(a)(ii) Event, preferred shares or other securities) issuable upon the exercise of the Rights may be listed on any national securities exchange or stock market, the Company will use its reasonable efforts to cause, from and after such time as the Rights become exercisable, all shares reserved for such issuance to be listed on such exchange or stock market upon official notice of issuance upon such exercise.

Appears in 4 contracts

Samples: Rights Agreement (Oregon Metallurgical Corp), Rights Agreement (Oregon Metallurgical Corp), Rights Agreement (Oregon Metallurgical Corp)

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