Sufficient Shares. In order to cause an effective date no later than 5 Business Days following the Shareholder Approval, the Corporation shall file the Certificate of Amendment with the Secretary of State of the State of Delaware as soon as practicable after the date of the Shareholder Approval. As soon as practicable after the effective date of the Certificate of Amendment, the Corporation shall at all times reserve and keep available out of its authorized and unissued Common Stock or shares acquired by the Corporation, solely for issuance upon the conversion of shares of Designated Stock as provided in this Certificate of Designations, free from any preemptive or other similar rights, such number of shares of Common Stock as shall from time to time be issuable upon the conversion of all the shares of Designated Stock then outstanding at the then-current Conversion Price. For purposes of this Section 17(a), the number of shares of Common Stock that shall be deliverable upon the conversion of all outstanding shares of Designated Stock shall be computed as if at the time of computation all such outstanding shares were held by a single Holder.
Sufficient Shares. The Corporation shall at all times reserve and keep available out of its authorized and unissued Common Stock or shares acquired by the Corporation, solely for issuance upon the conversion of shares of Series B Preferred Stock as provided in this Article II, Paragraph F to holders of such Series B Preferred Stock, free from any preemptive or other similar rights, such number of shares of Common Stock as shall from time to time be issuable upon the conversion of all the shares of Series B Preferred Stock then outstanding.
Sufficient Shares. The Company shall at all times reserve and keep available out of its authorized and unissued Common Stock or shares of Common Stock acquired by the Company, solely for issuance upon the conversion of shares of Convertible Preferred Stock as provided in this Certificate of Designations, free from any preemptive or other similar rights, such number of shares of Common Stock as shall from time to time be issuable upon the conversion of all the shares of Convertible Preferred Stock then outstanding. For purposes of this Section 19(a), the number of shares of Common Stock that shall be deliverable upon the conversion of all outstanding shares of Convertible Preferred Stock shall be computed as if at the time of computation all such outstanding shares were held by a single Holder.
Sufficient Shares. The Company has authorized sufficient shares of Common Stock to fulfill the Company's obligations under this Warrant and all of the other warrants, options and convertible securities issued by the Company. On exercise of this Warrant and satisfaction of the Exercise Price, the Warrant Shares issued to the Holder will be validly issued, fully paid, non-assessable and free and clear of all liens, claims and encumbrances, except as may be imposed by the Pledge and Security Agreement dated as of the date hereof, or any liens, claims, or encumbrances permitted by or imposed by the Holder.
Sufficient Shares. At the Effective Time of the Merger, Dynamic will have a sufficient number of authorized but unissued and/or treasury shares of Dynamic Stock available for issuance to the ACS2 Stockholders in accordance with the provisions of the Merger Agreement. Dynamic Stock to be issued pursuant to the Agreement will, when so delivered, be duly and validly issued in accordance with all applicable federal and state securities laws, will be fully paid and nonassessable, and will be free and clear of preemptive and similar rights.
Sufficient Shares. The Company has a sufficient number of Warrant Shares to enable the exercise in full of this Warrant and a sufficient number of Ordinary Shares to enable the conversion of all Warrant Shares into Ordinary Shares. In the event the number of authorized but unissued Warrant Shares or Ordinary Shares of the Company is not sufficient to effect the exercise in full of the Warrant or conversion of Warrant Shares specified under the Exercise Notice at the time of exercise, the Company shall promptly take all necessary actions to increase its authorized but unissued Warrant Shares or Ordinary Shares, as the case may be, to such number to be sufficient for such purposes.
Sufficient Shares. Following the Conversion Stockholder Approval and the Authorized Capital Stock Charter Amendment Approval, the Company shall at all times reserve and keep available out of its authorized and unissued Common Stock or shares acquired by the Company, solely for issuance upon the conversion of shares of Convertible Preferred Stock as provided in these Articles Supplementary, free from any preemptive or other similar rights (except for the preemptive rights set forth in the Amended and Restated Yucaipa Stockholder Agreement or the Amended and Restated Tengelmann Stockholder Agreement), such number of shares of Common Stock as shall from time to time be issuable upon the conversion of all the shares of Convertible Preferred Stock then outstanding.
Sufficient Shares. The Company shall have sufficient authorized but unissued Shares, calculated using the closing trade price of the Common Stock as of the Trading Day immediately preceding such Draw Down Notice to issue and sell such Shares in accordance with such Draw Down Notice.
Sufficient Shares. The Company has authorized sufficient shares of Common Stock to fulfill the Company's obligations under this Warrant and all of the other warrants, options and convertible securities issued by the Company. On exercise of this Warrant and satisfaction of the Exercise Price, the Warrant Shares issued to the Holder will be validly issued, fully paid, non-assessable and free and clear of all liens, claims and encumbrances, except any liens, claims, or encumbrances permitted by or imposed by the Holder.
Sufficient Shares. The corporation shall at all times reserve and keep available out of its authorized and unissued Common Stock or shares acquired by the corporation, solely for issuance upon the conversion of shares of Series A Preferred as provided in this paragraph C of this Article FOURTH, free from any preemptive or other similar rights, such number of shares of Common Stock as shall from time to time be issuable upon the conversion of all the shares of Series A Preferred then outstanding (without giving effect to the paragraph C(7)(b) of this Article FOURTH). For purposes of this paragraph C(16)(a) of this Article FOURTH, the number of shares of Common Stock that shall be deliverable upon the conversion of all outstanding shares of Series A Preferred shall be computed as if at the time of computation all such outstanding shares were held by a single Holder (without giving effect to paragraph C(7)(b) of this Article FOURTH).
