Common use of Availability of Preferred Shares Clause in Contracts

Availability of Preferred Shares. The Company covenants and agrees that so long as the Preferred Shares (and, after the time a person becomes an Acquiring Person, Common Shares or any other securities) issuable upon the exercise of the Rights may be listed on any national securities exchange or quotation system, the Company shall use its best efforts to cause, from and after such time as the Rights become exercisable, all shares reserved for such issuance to be listed on such exchange or quotation system upon official notice of issuance upon such exercise.

Appears in 7 contracts

Samples: Rights Agreement (Looksmart LTD), Rights Agreement (Avigen Inc \De), Rights Agreement (Avigen Inc \De)

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Availability of Preferred Shares. (a) The Company covenants and agrees that so long as the Preferred Shares (and, after the time a person becomes an Acquiring Person, Common Shares or any other securities) issuable upon the exercise of the Rights may be listed on any national securities exchange or quotation system, the Company shall use its best efforts to cause, from and after such time as the Rights become exercisable, all shares reserved for such issuance to be listed on such exchange or quotation system upon official notice of issuance upon such exercise.

Appears in 3 contracts

Samples: Rights Agreement (Isis Pharmaceuticals Inc), Rights Agreement (America Online Inc), Rights Agreement (Biogen Inc)

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