Common use of Reservation of Underlying Shares Clause in Contracts

Reservation of Underlying Shares. The Borrower covenants that it will at all times reserve and keep available out of the aggregate of its authorized but unissued and otherwise unreserved Common Stock, solely for the purpose of enabling it to issue Underlying Shares as required hereunder, the number of Underlying Shares which are then issuable and deliverable upon the conversion of (and otherwise in respect of) this entire Debenture (taking into account the adjustments of Section 12), free from preemptive rights or any other contingent purchase rights of persons other than the Holder. The Borrower covenants that all Underlying Shares so issuable and deliverable shall, upon issuance in accordance with the terms hereof, be duly and validly authorized, issued and fully paid and nonassessable.

Appears in 3 contracts

Samples: Aerogen Inc, Aerogen Inc, Aerogen Inc

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Reservation of Underlying Shares. The Borrower -------------------------------- covenants that it will at all times reserve and keep available out of the aggregate of its authorized but unissued and otherwise unreserved Common Stock, solely for the purpose of enabling it to issue Underlying Shares as required hereunder, the number of Underlying Shares which are then issuable and deliverable upon the conversion of (and otherwise in respect of) this entire Debenture Note (taking into account the adjustments of Section 1211), free from preemptive rights or any other contingent purchase rights of persons other than the HolderLender. The Borrower covenants that all Underlying Shares so issuable and deliverable shall, upon issuance in accordance with the terms hereof, be duly and validly authorized, issued and fully paid and nonassessable.

Appears in 2 contracts

Samples: 2004 Securities Purchase Agreement (Zoltek Companies Inc), 2004 Securities Purchase Agreement (Zoltek Companies Inc)

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Reservation of Underlying Shares. The Borrower covenants that -------------------------------- it will at all times reserve and keep available out of the aggregate of its authorized but unissued and otherwise unreserved Common Stock, solely for the purpose of enabling it to issue Underlying Shares as required hereunder, the number of Underlying Shares which are then issuable and deliverable upon the conversion of (and otherwise in respect of) this entire Debenture Note (taking into account the adjustments of Section 1211), free from preemptive rights or any other contingent purchase rights of persons other than the HolderLender. The Borrower covenants that all Underlying Shares so issuable and deliverable shall, upon issuance in accordance with the terms hereof, be duly and validly authorized, issued and fully paid and nonassessable.

Appears in 1 contract

Samples: 2004 Securities Purchase Agreement (Zoltek Companies Inc)

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