Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 36 contracts
Samples: Purchase Agreement (Rainmaker Systems Inc), Securities Purchase Agreement (Rainmaker Systems Inc), Escrow Agreement (Tarantella Inc)
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this the Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 17 contracts
Samples: Purchase Agreement (Insci Statements Com Corp), Purchase Agreement (Visionics Corp), Identix Inc
Reservation of Common Stock. The Company Corporation hereby represents and warrants that there have been reserved, and the Company Corporation shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this the Warrant. The Company Corporation agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the CompanyCorporation.
Appears in 9 contracts
Samples: Registration Rights Agreement (Platinum Research Organization, Inc.), Merger Agreement and Plan of Reorganization (Celsius Holdings, Inc.), Registration Rights Agreement (Platinum Research Organization, Inc.)
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant SharesShares upon the due exercise of this Warrant, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 7 contracts
Samples: Assignment (Alliance Pharmaceutical Corp), Warrant Agreement (Worldwater Corp), Assignment (Alliance Pharmaceutical Corp)
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times reserve and keep reserved until issued (if necessary) as contemplated by this Section 7, available out of the its authorized and but unissued shares of Common Stock, sufficient shares to provide solely for the purpose of providing for the exercise of the rights Warrants, such number of purchase represented by this Warrantshares of Common Stock as shall from time to time equal the number of shares sufficient to permit the exercise of the Warrants in accordance with their respective terms. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 6 contracts
Samples: Yayi International Inc, Ardmore Holding CORP, Nextfit, Inc.
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 75, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this WarrantOption. The Company agrees that all Warrant Option Shares issued upon due exercise of the Warrant Option shall be, at the time of delivery of the certificates for such Warrant Option Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 5 contracts
Samples: Stock Option Grant (Edgemode, Inc.), Stock Option Grant (Edgemode, Inc.), Stock Option Grant (Fourth Wave Energy, Inc.)
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant SharesShares upon the due exercise of this Warrant, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 5 contracts
Samples: Audible Inc, Sun Healthcare Group Inc, Audible Inc
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7reserved, out of the authorized and unissued shares of Common Stock, a number of shares sufficient shares to provide for the exercise of the rights of purchase represented by this Warrantthe Warrant in full. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant in accordance with its terms shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 4 contracts
Samples: Vcampus Corp, Vcampus Corp, Vcampus Corp
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant in accordance with the terms hereof shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 3 contracts
Samples: Five Oaks Investment Corp., Five Oaks Investment Corp., Precision Optics Corporation, Inc.
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 78, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the this Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 3 contracts
Samples: Odetics Inc, Odetics Inc, Odetics Inc
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid paid, and non-assessable nonassessable shares of Common Stock of the Company.
Appears in 3 contracts
Samples: Mobiclear Inc., Aradyme Corp, Aradyme Corp
Reservation of Common Stock. The Company hereby represents and warrants that there have has been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 75, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 3 contracts
Samples: Purchase Common Stock (Canyon Resources Corp), Canyon Resources Corp, Canyon Resources Corp
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section SECTION 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 3 contracts
Samples: Turbodyne Technologies, Inc, Turbodyne Technologies, Inc, Turbodyne Technologies, Inc
Reservation of Common Stock. The Company Corporation hereby represents and warrants that there have been reserved, and the Company Corporation shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company Corporation agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the CompanyCorporation.
Appears in 2 contracts
Samples: Purchase Agreement (Aerogen Inc), Purchase Agreement (Biotechnology Value Fund L P)
Reservation of Common Stock. The Company hereby represents and warrants that there have has been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 76, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 2 contracts
Samples: Canyon Resources Corp, Canyon Resources Corp
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the this Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (CareView Communications Inc), Warrant Transfer Agreement (Tegal Corp /De/)
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 75, out of the authorized and unissued shares of Common Stock, sufficient 100% of the number of shares to provide for the issuable upon exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares shares of Common Stock issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Sharesshares of Common Stock, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 2 contracts
Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.), Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.)
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 76, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 1 contract
Samples: Rainmaker Systems Inc
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the this Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable nonassessable shares of Common Stock of the Company.
Appears in 1 contract
Samples: United American Healthcare Corp
Reservation of Common Stock. The Company Corporation hereby represents and warrants that there have been reserved, and the Company Corporation shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient 100% of the number of shares to provide for the issuable upon exercise of the rights of purchase represented by this Warrant. The Company Corporation agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the CompanyCorporation.
Appears in 1 contract
Samples: Warrant Amendment Agreement (Novelos Therapeutics, Inc.)
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient 100% of the number of shares to provide for the issuable upon exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares shares of Common Stock issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Sharesshares of Common Stock, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 1 contract
Samples: Broadpoint Securities Group, Inc.
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this the Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant SharesShares upon the due exercise of this Warrant, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 1 contract
Samples: Antares Pharma Inc
Reservation of Common Stock. The Company hereby represents and --------------------------- warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this the Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant suchWarrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 1 contract
Samples: Sheffield Pharmaceuticals Inc
Reservation of Common Stock. The Company hereby represents and warrants Warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 1 contract
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of this Warrant in accordance with the Warrant terms hereof shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 1 contract
Samples: AG Mortgage Investment Trust, Inc.
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 7, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of this Warrant in accordance with the Warrant terms hereof shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 1 contract
Samples: Western Asset Mortgage Capital Corp
Reservation of Common Stock. The Company hereby represents and warrants that there have been reserved, and the Company shall at all applicable times keep reserved until issued (if necessary) as contemplated by this Section 76, out of the authorized and unissued shares of Common Stock, sufficient shares to provide for the exercise of the rights of purchase represented by this Warrant. The Company agrees that all Warrant Shares issued upon due exercise of the Warrant shall be, at the time of delivery of the certificates for such Warrant Shares, duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company.
Appears in 1 contract
Samples: Statewide Life & Health, Inc.