Common use of The Shares Clause in Contracts

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Options.

Appears in 14 contracts

Samples: Common Stock Purchase Agreement (Tivo Inc), Common Stock Purchase Agreement (Axys Pharmecueticals Inc), Common Stock Purchase Agreement (Axys Pharmecueticals Inc)

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The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsDowns.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Earthshell Corp), Common Stock Purchase Agreement (Infocure Corp), Common Stock Purchase Agreement (Eclipse Surgical Technologies Inc)

The Shares. The Company has authorized and has reserved and ---------- covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Options.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Nexell Therapeutics Inc), Common Stock Purchase Agreement (Tivo Inc)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b4.5(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsOptions requested under this Agreement.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Isis Pharmaceuticals Inc), Common Stock Purchase Agreement (Isis Pharmaceuticals Inc)

The Shares. The Company has or will have authorized and has reserved or will have reserved, and covenants to continue to reserveso reserve once reserved, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsOptions requested under this Agreement, in any case prior to the issuance to the Purchaser of such Shares under this Agreement.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Geron Corporation), Common Stock Purchase Agreement (Cv Therapeutics Inc)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Optionsthis Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (A B Watley Group Inc)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b4.5(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsDowns.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Aviron)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Optionsthe shares of Common Stock issuable pursuant to the exercise of Warrants.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (DBS Industries Inc)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued 21,850,000 shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Optionsthe exercise of all Warrants.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Value America Inc /Va)

The Shares. The Company has or will have authorized and has reserved or will have reserved, and covenants to continue to reserveso reserve once reserved, subject to Section 4.4(b4.3(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsOptions requested under this Agreement, in any case prior to the issuance to the Purchaser of such Shares under this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cv Therapeutics Inc)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Options.and

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Usinternetworking Inc)

The Shares. The Company has or will have authorized and has reserved or will have reserved, and covenants to continue to reserveso reserve once reserved, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsOptions requested under this Agreement, in any case prior to the issuance to the Purchase of such Shares under this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cv Therapeutics Inc)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued 4,800,000 shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Optionsthe shares of Common Stock issuable pursuant to the exercise of Warrants.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Rnethealth Com Inc)

The Shares. The Company has authorized and has reserved ---------- and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Options.requested under this

Appears in 1 contract

Samples: Escrow Agreement (Hollis Eden Pharmaceuticals Inc /De/)

The Shares. The Company has or will have authorized and has or will have reserved and covenants to continue to reservereserve once reserved, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Options, in any case prior to the issuance to the Purchaser of such Shares under this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Leap Wireless International Inc)

The Shares. The Company has or will have authorized and has reserved or will have reserved, and covenants to continue to reserve, subject to Section 4.4(b) hereofso reserve once reserved, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Optionsrequested under this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Eos Petro, Inc.)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued 1,978,022 shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Optionsthe shares of Common Stock issuable pursuant to the exercise of Warrants.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Globus Wireless LTD)

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The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued 2,450,000 shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsDowns.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Matritech Inc/De/)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Optionscontemplated under this Agreement, assuming that the average price of all Draw Downs contemplated will be at or above the Threshold Price.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Meta Materials Inc.)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued 2,800,000 shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsDowns.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Ariad Pharmaceuticals Inc)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all any Draw Downs and Call Options.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cytogen Corp)

The Shares. The Company has or will have authorized and ---------- has or will have reserved and covenants to continue to reservereserve once reserved, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Options, in any case prior to the issuance to the Purchaser of such Shares under this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Leap Wireless International Inc)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs made and Call OptionsOptions issued.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Igen International Inc /De)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and all Call Options.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Genelabs Technologies Inc /Ca)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued 1,750,000 shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsDowns.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Geltex Pharmaceuticals Inc)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued 5,000,000 shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsDowns.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Egghead Com Inc)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b4.11(a) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call OptionsDowns.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Pacificare Health Systems Inc /De/)

The Shares. The Company has authorized and has reserved and covenants to continue to reserve, subject to Section 4.4(b) hereof, free of preemptive rights and other similar contractual rights of stockholders, a sufficient number of its authorized but unissued 8,800,000 shares of its Common Stock to cover the Shares to be issued in connection with all Draw Downs and Call Optionsthe shares of Common Stock issuable pursuant to the exercise of Warrants.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Resourcephoenix Com)

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