Common use of Reservation of Exercise Shares Clause in Contracts

Reservation of Exercise Shares. At the time of or before taking any action which would cause an adjustment pursuant to this Agreement increasing the number of shares of capital stock constituting the Exercise Shares, the Company will take any corporate action which may be necessary in order that the Company have remaining, after such adjustment, a number of shares of such capital stock unissued and unreserved for other purposes sufficient to permit the exercise of all the then vested Options under this Agreement of like tenor immediately after such adjustment. The Company will also from time to time take action to increase the authorized amount of its capital stock constituting the Exercise Shares if at any time the number of shares of capital stock authorized but remaining unissued and unreserved for other purposes shall be insufficient to permit the exercise of the Options under this Agreement then vested. The Company may but shall not be limited to reserve and keep available, out of the aggregate of its authorized but unissued shares of capital stock, for the purpose of enabling it to satisfy any obligation to issue Exercise Shares upon exercise of Options, through the Termination Date, the number of Exercise Shares deliverable upon the full exercise of this Option. At the time of or before taking any action which would cause (pursuant to the provisions of this Section 5) an adjustment resulting in a reduction of the Exercise Price below the then par value (if any) of the Exercise Shares issuable upon exercise of the Options, the Company will take any corporate action which may be necessary in order to assure that the par value per share of the Exercise Shares is at all times equal to or less than the Exercise Price per share and so that the Company may validly and legally issue fully paid and non-assessable Exercise Shares at the Exercise Price, as so adjusted. The Company will also from time to time take similar action if at any time the Exercise Price is below the then par value of the Exercise Shares.

Appears in 8 contracts

Samples: Employment Agreement (North American Technologies Group Inc /Mi/), Stock Option Agreement (North American Technologies Group Inc /Mi/), Stock Option Agreement (North American Technologies Group Inc /Mi/)

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Reservation of Exercise Shares. At the time of or before taking any action which would cause an adjustment pursuant to this Agreement Paragraph 6 hereof increasing the number of shares of capital stock constituting the Exercise Shares, the Company will take any corporate action which may may, in the opinion of its counsel, be necessary in order that the Company have remaining, after such adjustment, a number of shares of such capital stock unissued and unreserved for other purposes sufficient to permit the exercise of all the then vested Options under this Agreement outstanding Warrants of like tenor immediately after such adjustment. The ; the Company will also from time to time take action to increase the authorized amount of its capital stock constituting the Exercise Shares if at any time the number of shares of capital stock authorized but remaining unissued and unreserved for other purposes shall be insufficient to permit the exercise of the Options under this Agreement Warrants then vestedoutstanding. The Company may but shall not be limited to reserve and keep available, out of the aggregate of its authorized but unissued shares of capital stock, for the purpose of enabling it to satisfy any obligation to issue Exercise Shares upon exercise of OptionsWarrants, through the Termination Date, the number of Exercise Shares deliverable upon the full exercise of this OptionWarrant and all other Warrants of like tenor then outstanding. At the time of or before taking any action which would cause (an adjustment pursuant to the provisions of this Section 5) an adjustment resulting in a reduction of Paragraph 6 hereof, reducing the Exercise Price below the then par value (if any) of the Exercise Shares issuable upon exercise of the OptionsWarrants, the Company will take any corporate action which may may, in the opinion of its counsel, be necessary in order to assure that the par value per share of the Exercise Shares is at all times equal to or less than the Exercise Price per share and so that the Company may validly and legally issue fully paid and non-assessable Exercise Shares at the Exercise Price, as so adjusted. The ; the Company will also from time to time take similar such action if at any time the Exercise Price is below the then par value of the Exercise Shares.

Appears in 3 contracts

Samples: Silver King Resources Inc, VDC Corp LTD, Fountain Pharmaceuticals Inc

Reservation of Exercise Shares. At the time of In connection with or before taking as soon as practicable after any action which would cause an adjustment pursuant to this Agreement Paragraph 8 hereof increasing the number of shares of capital stock constituting the Exercise Shares, the Company will take as soon as practicable after such action any corporate action which may may, in the opinion of its counsel, be necessary in order that the Company have remaining, after such adjustment, a number of shares of such capital stock unissued and unreserved for other purposes sufficient to permit the exercise of all the then vested Options under this Agreement outstanding Warrants of like tenor immediately after such adjustment. The ; the Company will also from time to time take action to increase the authorized amount of its capital stock constituting the Exercise Shares if at any time the number of shares of capital stock authorized but remaining unissued and unreserved for other purposes shall be insufficient to permit the exercise of the Options under this Agreement Warrants then vestedoutstanding. The Company may but shall not be limited required to reserve and keep available, out of the aggregate of its authorized but unissued shares of capital stock, for the purpose of enabling it to satisfy any obligation to issue Exercise Shares upon exercise of OptionsWarrants, through the Termination Date, the number of Exercise Shares deliverable upon the full exercise of this OptionWarrant and all other Warrants of like tenor then outstanding. At the time of or before taking any action which would cause (an adjustment pursuant to the provisions of this Section 5) an adjustment resulting in a reduction of Paragraph 8 hereof, reducing the Exercise Price below the then par value (if any) of the Exercise Shares issuable upon exercise of the OptionsWarrants, the Company will take any corporate action which may may, in the opinion of its counsel, be necessary in order to assure that the par value per share of the Exercise Shares is at all times equal to or less than the Exercise Price per share and so that the Company may validly and legally issue fully paid and non-assessable Exercise Shares at the Exercise Price, as so adjusted. The ; the Company will also from time to time take similar such action if at any time the Exercise Price is below the then par value of the Exercise Shares.

Appears in 3 contracts

Samples: Warrant Agreement to Purchase (Tel Save Holdings Inc), Warrant Agreement (Tel Save Holdings Inc), Warrant Agreement (Tel Save Holdings Inc)

Reservation of Exercise Shares. At the time of or before taking any action which would cause an adjustment pursuant to this Agreement Section 5 hereof increasing the number of shares of capital stock constituting the Exercise Shares, the Company will take any corporate action which may may, in the opinion of its counsel, be necessary in order that the Company have remaining, after such adjustment, a number of shares of such capital stock unissued and unreserved for other purposes sufficient to permit the exercise of all the then vested Options under this Agreement outstanding Warrants of like tenor immediately after such adjustment. The ; the Company will also from time to time take action to increase the authorized amount of its capital stock constituting the Exercise Shares if at any time the number of shares of capital stock authorized but remaining unissued and unreserved for other purposes shall be insufficient to permit the exercise of the Options under this Agreement Warrants then vestedoutstanding. The Company may but shall not be limited to reserve and keep available, out of the aggregate of its authorized but unissued shares of capital stock, for the purpose of enabling it to satisfy any obligation to issue Exercise Shares upon exercise of OptionsWarrants, through the Termination Date, the number of Exercise Shares deliverable upon the full exercise of this Option. At the time Warrant and all other Warrants of or before taking any action which would cause (pursuant to the provisions of this Section 5) an adjustment resulting in a reduction of the Exercise Price below the like tenor then par value (if any) of the Exercise Shares issuable upon exercise of the Options, the Company will take any corporate action which may be necessary in order to assure that the par value per share of the Exercise Shares is at all times equal to or less than the Exercise Price per share and so that the Company may validly and legally issue fully paid and non-assessable Exercise Shares at the Exercise Price, as so adjusted. The Company will also from time to time take similar action if at any time the Exercise Price is below the then par value of the Exercise Sharesoutstanding.

Appears in 3 contracts

Samples: Securities Purchase Agreement (VDC Communications Inc), Securities Purchase Agreement (VDC Communications Inc), Securities Purchase Agreement (VDC Communications Inc)

Reservation of Exercise Shares. At the time of or before taking any action which would cause an adjustment pursuant to this Agreement Paragraph 7 hereof increasing the number of shares of capital stock constituting the Exercise Shares, the Company will take any corporate action which may may, in the opinion of its counsel, be necessary in order that the Company have remaining, after such adjustment, a number of shares of such capital stock unissued and unreserved for other purposes sufficient to permit the exercise of all the then vested Options under this Agreement outstanding Warrants of like tenor immediately after such adjustment. The ; the Company will also from time to time take action to increase the authorized amount of its capital stock constituting the Exercise Shares if at any time the number of shares of capital stock authorized but remaining unissued and unreserved for other purposes shall be insufficient to permit the exercise of the Options under this Agreement Warrants then vestedoutstanding. The Company may but shall not be limited to will at all times reserve and keep available, out of the aggregate of its authorized but unissued shares of capital stock, for the purpose of enabling it to satisfy any obligation to issue Exercise Shares upon exercise of OptionsWarrants, through the Termination Expiration Date, the number of Exercise Shares deliverable upon the full exercise of this Option. At the time Warrant and all other Warrants of or before taking any action which would cause (pursuant to the provisions of this Section 5) an adjustment resulting in a reduction of the Exercise Price below the like tenor then par value (if any) of the Exercise Shares issuable upon exercise of the Options, the Company will take any corporate action which may be necessary in order to assure that the par value per share of the Exercise Shares is at all times equal to or less than the Exercise Price per share and so that the Company may validly and legally issue fully paid and non-assessable Exercise Shares at the Exercise Price, as so adjusted. The Company will also from time to time take similar action if at any time the Exercise Price is below the then par value of the Exercise Sharesoutstanding.

Appears in 1 contract

Samples: Berger Holdings LTD

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Reservation of Exercise Shares. At the time of or before taking any action which would cause an adjustment pursuant to this Agreement Section 7 hereof increasing the number of shares of capital stock constituting the Exercise Shares, the Company will take any corporate action which may may, in the opinion of its counsel, be necessary in order that the Company have remaining, after such adjustment, a number of shares of such capital stock unissued and unreserved for other purposes sufficient to permit the exercise of all the then vested Options under this Agreement outstanding Warrants of like tenor immediately after such adjustment. The ; the Company will also from time to time take action to increase the authorized amount of its capital stock constituting the Exercise Shares if at any time the number of shares of capital stock authorized but remaining unissued and unreserved for other purposes shall be insufficient to permit the exercise of the Options under this Agreement Warrants then vestedoutstanding. The Company may but shall not be limited to will at all times reserve and keep available, out of the aggregate of its authorized but unissued shares of capital stock, for the purpose of enabling it to satisfy any obligation to issue Exercise Shares upon exercise of OptionsWarrants, through the Termination Date, the number of Exercise Shares deliverable upon the full exercise of this Option. At the time Warrant and all other Warrants of or before taking any action which would cause (pursuant to the provisions of this Section 5) an adjustment resulting in a reduction of the Exercise Price below the like tenor then par value (if any) of the Exercise Shares issuable upon exercise of the Options, the Company will take any corporate action which may be necessary in order to assure that the par value per share of the Exercise Shares is at all times equal to or less than the Exercise Price per share and so that the Company may validly and legally issue fully paid and non-assessable Exercise Shares at the Exercise Price, as so adjusted. The Company will also from time to time take similar action if at any time the Exercise Price is below the then par value of the Exercise Sharesoutstanding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Berger Holdings LTD)

Reservation of Exercise Shares. At the time of In connection with or before taking as soon as practicable after any action which would cause an adjustment pursuant to this Agreement Paragraph 8 hereof increasing the number of shares of capital stock constituting the Exercise Shares, the Company will take as soon as practicable after such action any corporate action which may may, in the opinion of its counsel, be necessary in order that the Company have remaining, after such adjustment, a number of shares of such capital stock unissued and unreserved for other purposes sufficient to permit the exercise of all the then vested Options under this Agreement outstanding Warrants of like tenor immediately after such adjustment. The ; the Company will also from time to time take action actin to increase the authorized amount of its capital stock constituting the Exercise Shares if at any time the number of shares of capital stock authorized but remaining unissued and unreserved for other purposes shall be insufficient to permit the exercise of the Options under this Agreement Warrants then vestedoutstanding. The Company may but shall not be limited required as soon as practicable to reserve and keep available, out of the aggregate of its authorized but unissued shares of capital stock, for the purpose of enabling it to satisfy any obligation to issue Exercise Shares upon exercise of OptionsWarrants, through the Termination Date, the number of Exercise Shares deliverable upon the full exercise of this OptionWarrant and all other Warrants of like tenor then outstanding. At the time of or before taking any action which would cause (an adjustment pursuant to the provisions of this Section 5) an adjustment resulting in a reduction of Paragraph 8 hereof, reducing the Exercise Price below the then par value (if any) of the Exercise Shares issuable upon exercise of the OptionsWarrants, the Company will take any corporate action which may may, in the opinion of its counsel, be necessary in order to assure that the par value per share of the Exercise Shares is at all times equal to or less than the Exercise Price per share and so that the Company may validly and legally issue fully paid and non-assessable Exercise Shares at the Exercise Price, as so adjusted. The ; the Company will also from time to time take similar such action if at any time the Exercise Price is below the then par value of the Exercise Shares.

Appears in 1 contract

Samples: Warrant Agreement (Tel Save Holdings Inc)

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