Reserved Shares; Valid Issuance. The Company covenants that it will at all times from and after the date hereof reserve and keep available such number of its authorized shares of Common Stock, free from all preemptive or similar rights therein, as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the exercise of this Warrant will, upon issuance, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 27 contracts
Samples: Ask Jeeves Inc, Ask Jeeves Inc, Omtool LTD
Reserved Shares; Valid Issuance. The Company covenants that it will at all times from and after the date hereof reserve and keep available such number of its authorized shares of Common Stock, free from all preemptive or similar rights therein, as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the such exercise of this Warrant will, upon issuance, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 15 contracts
Samples: Loan Agreement (Erin Energy Corp.), Financing Support Agreement (Erin Energy Corp.), Loan and Security Agreement (AtriCure, Inc.)
Reserved Shares; Valid Issuance. The Company covenants that it will reserve and keep available at all times from and after the date hereof reserve and keep available such number of its authorized shares of Common Stock, free from all preemptive or similar rights therein, as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the exercise of this Warrant will, upon issuance, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 11 contracts
Samples: Southwall Technologies Inc /De/, Southwall Technologies Inc /De/, Axtive Corp
Reserved Shares; Valid Issuance. The Company covenants that it will at all times times, from and after the date hereof Exercise Eligibility Date, reserve and keep available such number of its authorized shares of Common Stock, free from all preemptive or similar rights therein, Stock as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued the Shares will, upon issuance and payment by Holder of the Purchase Price pursuant to the exercise of this Warrant will, upon issuanceterms hereof, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 7 contracts
Samples: Credit Agreement (XY - The Findables Co), XY - The Findables Co, XY - The Findables Co
Reserved Shares; Valid Issuance. The Company covenants that it will at all times from and after the date hereof reserve and keep available such number of its authorized shares of Common Stock, Stock free from all preemptive or similar rights therein, as will be sufficient to permit permit, respectively, the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the such exercise of this Warrant and/or conversion will, upon issuance, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 4 contracts
Samples: NameMedia, Inc., Hemosense Inc, Hemosense Inc
Reserved Shares; Valid Issuance. The Company covenants that it will at all times from and after the date hereof reserve and keep available such number of its authorized shares of Common Stock, free from all preemptive or similar rights therein, as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the such exercise of this Warrant and conversion will, upon issuance, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 4 contracts
Samples: PSW Technologies Inc, PSW Technologies Inc, PSW Technologies Inc
Reserved Shares; Valid Issuance. The Company covenants that it will at all times from and after the date hereof reserve and keep available such number of its authorized shares of Common Stock, free from all preemptive or similar rights therein, as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the such exercise of this Warrant will, upon issuanceissuance in accordance with the terms hereof, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 3 contracts
Samples: Loan and Security Agreement (Codexis Inc), Codexis Inc, Codexis Inc
Reserved Shares; Valid Issuance. The Company covenants that it will at all times from and after the date hereof reserve and keep available such number of its authorized shares of Common Stock, free from all preemptive or similar rights therein, Stock as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the exercise of this Warrant will, upon issuanceissuance and receipt of the respective purchase price therefor, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 2 contracts
Samples: Fastnet Corp, Fastnet Corp
Reserved Shares; Valid Issuance. The Company covenants that it will at all times from and after the date hereof reserve and keep available such number of its authorized shares of Common Stock, no par value, of the Company, free from all preemptive or similar rights therein, as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the such exercise of this Warrant and/or conversion will, upon issuance, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 2 contracts
Samples: Common Stock Purchase (Lancer Orthodontics Inc /Ca/), Common Stock Purchase (Biomerica Inc)
Reserved Shares; Valid Issuance. The Company covenants that it will at all times from and after the date hereof this Warrant becomes exercisable reserve and keep available such number of its authorized shares of Common Stock, free from all preemptive or similar rights therein, as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the exercise of this Warrant will, upon issuance, be duly and authorized, validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 2 contracts
Samples: Air South Airlines Inc, Air South Airlines Inc
Reserved Shares; Valid Issuance. The Company covenants that it will at all times from and after the date hereof Term Commencement Date reserve and keep available such number of its authorized shares of Common Stock, free from all preemptive or similar rights therein, as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the exercise of this Warrant will, upon issuance, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 1 contract
Samples: Metabolix, Inc.
Reserved Shares; Valid Issuance. The Company covenants that it will at all times from and after the date hereof Original Issue Date reserve and keep available such number of its authorized shares of Common Stock, free from all preemptive or similar rights therein, as will be sufficient to permit the exercise of this Warrant in full. The Company further covenants that such shares as may be issued pursuant to the exercise of this Warrant will, upon issuance, be duly and validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issuance thereof.
Appears in 1 contract
Samples: Metabolix, Inc.