Common use of Reservation of Underlying Shares Clause in Contracts

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming Shareholder Approval has been obtained.

Appears in 4 contracts

Samples: Securities Purchase Agreement (First Bancshares Inc /MS/), Securities Purchase Agreement (First Bancshares Inc /MS/), Securities Purchase Agreement (Heritage Oaks Bancorp)

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Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders shareholders of the Company, a number of unissued shares of Common StockStock (voting and non-voting), sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming convertible upon the Shareholder Approval has been obtainedApprovals.

Appears in 3 contracts

Samples: Securities Purchase Agreement (BNC Bancorp), Securities Purchase Agreement (BNC Bancorp), Securities Purchase Agreement (Aquiline BNC Holdings LLC)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders shareholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming Shareholder Approval has been obtained.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Heritage Commerce Corp), Securities Purchase Agreement (Heritage Commerce Corp)

Reservation of Underlying Shares. The Assuming the Stockholder Approvals have been obtained, the Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming Shareholder Approval has been obtained.

Appears in 2 contracts

Samples: Escrow Agreement (Oriental Financial Group Inc), Securities Purchase Agreement (Oriental Financial Group Inc)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming Shareholder Stockholder Approval has been obtained.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Citizens Community Bancorp Inc.), Securities Purchase Agreement (Citizens South Banking Corp)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders shareholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming Shareholder Approval has been obtained.

Appears in 1 contract

Samples: Securities Purchase Agreement (Carolina Bank Holdings Inc)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming Shareholder Approval initially convertible at Closing and has been obtainedtaken all such actions required and permitted to be taken to reserve for issuance all Underlying Shares issuable upon conversion of the Preferred Shares following the amendment of the Certificate of Incorporation to increase the number of authorized shares in accordance with their terms.

Appears in 1 contract

Samples: Form of Purchase Agreement (Grubb & Ellis Co)

Reservation of Underlying Shares. The Subject to receipt of the Stockholder Approval, the Company has reservedshall reserve, and will continue to reserve, free of any preemptive or similar rights of stockholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Series B Preferred Shares are convertible, assuming Shareholder Approval has been obtained.

Appears in 1 contract

Samples: Form of Securities Purchase Agreement (Preferred Apartment Communities Inc)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders shareholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming the Shareholder Approval has Approvals have been obtained.

Appears in 1 contract

Samples: Securities Purchase Agreement (North Valley Bancorp)

Reservation of Underlying Shares. The Subject to receipt of the Shareholder Approvals, the Company has reservedshall reserve, and will continue to reserve, free of any preemptive or similar rights of stockholders shareholders of the Company, a number of unissued shares of Class A Common Stock and Class B Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming Shareholder Approval has been obtained.

Appears in 1 contract

Samples: Securities Purchase Agreement (Newbridge Bancorp)

Reservation of Underlying Shares. The Subject to receipt of the Stockholder Approval, the Company has reservedshall reserve, and will continue to reserve, free of any preemptive or similar rights of stockholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Series C Preferred Shares are convertible, assuming Shareholder Approval has been obtained.

Appears in 1 contract

Samples: Securities Purchase Agreement (Wheeler Real Estate Investment Trust, Inc.)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders shareholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are Stock is convertible, assuming Shareholder Approval has been obtained.

Appears in 1 contract

Samples: Securities Purchase Agreement (First Bancorp /Nc/)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming Shareholder Approval has been obtained.

Appears in 1 contract

Samples: Securities Purchase Agreement (Wheeler Real Estate Investment Trust, Inc.)

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Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders shareholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into shares of Common Stock for which the Preferred Shares Warrants are convertible, assuming Shareholder Approval has been obtainedexercisable.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Adaptive Medias, Inc.)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders shareholders of the Company, a number of unissued shares of Common Stocknonvoting common shares, sufficient to issue and deliver the Underlying Shares into for which the Warrants are exercisable and shares of voting common stock for which the Preferred Shares and the Non-Voting Preferred Shares are convertible, assuming Shareholder Approval has been obtainedconvertible into.

Appears in 1 contract

Samples: Securities Purchase Agreement (Porter Bancorp, Inc.)

Reservation of Underlying Shares. The Company has reservedreserved and at all times shall reserve and keep available, out of its authorized but unissued Common Stock, and will continue to reserve, free of any preemptive rights, rights of first refusal or similar rights of stockholders of the Company, a the full number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming Shareholder Approval has been obtained.

Appears in 1 contract

Samples: Subscription Agreement (Oriental Financial Group Inc)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders shareholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming convertible upon the Shareholder Approval has been obtainedApprovals.

Appears in 1 contract

Samples: Securities Purchase Agreement (Yadkin Valley Financial Corp)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders shareowners of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Securities are convertible and has taken all such actions required and permitted to be taken to reserve for issuance all Underlying Shares are convertible, assuming Shareholder Approval has been obtainedissuable upon conversion of the Securities in accordance with their terms.

Appears in 1 contract

Samples: Purchase Agreement (Grubb & Ellis Co)

Reservation of Underlying Shares. The Subject to receipt of the Shareholder Approvals, the Company has reservedshall reserve, and will continue to reserve, free of any preemptive or similar rights of stockholders shareholders of the Company, a number numbers of unissued shares of Class A Common Stock, Stock and Class B Common Stock sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are convertible, assuming Shareholder Approval has been obtained.

Appears in 1 contract

Samples: Securities Purchase Agreement (Newbridge Bancorp)

Reservation of Underlying Shares. The Company has reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders of the Company, a number of unissued shares of Common Stock, Stock and Non-Voting Common Stock sufficient to issue and deliver the Underlying Shares into which the Preferred Shares are Stock is automatically convertible, assuming Shareholder Stockholder Approval has been obtained.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cordia Bancorp Inc)

Reservation of Underlying Shares. The Company has duly authorized and reserved, and will continue to reserve, free of any preemptive or similar rights of stockholders of the Company, a number of unissued shares of Common Stock, sufficient to issue and deliver the Underlying Shares into which the Preferred Shares Notes are convertibleconvertible or the Warrants are exercisable, assuming Shareholder Approval has been obtainedas the case may be.

Appears in 1 contract

Samples: Securities Purchase Agreement (Wheeler Real Estate Investment Trust, Inc.)

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