Common use of Issuance of Common Shares Clause in Contracts

Issuance of Common Shares. The Common Shares are duly authorized and reserved for issuance and, upon exercise of the Warrants in accordance with the terms thereof, such Common Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Principal Market or the New York Stock Exchange or the American Stock Exchange, or the Nasdaq small cap market (collectively with the Principal Market, the "APPROVED MARKETS"), and the holders of such Common Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. As of the date of this Agreement, the outstanding shares of Common Stock are currently listed on the Principal Market.

Issuance of Common Shares. The Common Shares are duly authorized and reserved for issuance and, upon exercise conversion of the Warrants Preferred Shares in accordance with the terms thereofCertificate (including receipt by the Company of the Preferred Shares or being converted or a lost stock affidavit), such Common Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Principal Market or the New York Stock Exchange or the American Stock Exchange, or the Nasdaq small cap market (collectively with the Principal Market, the "APPROVED MARKETS"), and the holders of such Common Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. As of the date of this Agreement, the outstanding shares of Common Stock are currently listed on the Principal Market.

Issuance of Common Shares. The Common Shares are duly authorized and reserved for issuance and, upon conversion of Preferred Shares or Additional Preferred Shares in accordance with the Certificate, or exercise of the Warrants in accordance with the terms thereof, such Common Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Principal Market or the New York Stock Exchange or the American Stock Exchange, or the Nasdaq small cap market (collectively with the Principal Market, the "APPROVED MARKETS"), and the holders of such Common Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. As of the date of this Agreement, the outstanding shares of Common Stock are currently listed on the Principal Market.

Issuance of Common Shares. The Common Shares are duly authorized and reserved for issuance and, upon conversion of Debentures, exercise of the Warrants or exercise of the Option in accordance with the terms thereof, such Common Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Principal Market or the New York Stock Exchange or the American Stock Exchange, or the Nasdaq small cap market Stock Market (collectively with the Principal Market, the "APPROVED MARKETS"), and the holders of such Common Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. As of the date of this Agreement, the outstanding shares of Common Stock are currently listed on the Principal Market.

Issuance of Common Shares. The Common Shares are duly authorized and reserved for issuance and, upon conversion of Preferred Shares or exercise of the Warrants in accordance with the terms thereofWarrants, such Common Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Principal Market or the New York Stock Exchange or the American Stock Exchange, or the Nasdaq small cap market National Market (collectively with the Principal Market, the "APPROVED MARKETS"), and the holders of such Common Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. As of the date of this Agreement, the outstanding shares of Common Stock are currently listed on the Principal Market.

Issuance of Common Shares. The Common Shares are duly authorized and reserved for issuance and, upon conversion of Preferred Shares in accordance with the Certificate or exercise of the Warrants in accordance with the terms thereof, such Common Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Pacific Exchange and the Principal Market or the New York Stock Exchange or the American Stock Exchange, or the Nasdaq small cap market Small Cap Market (collectively with the Principal Market, the "APPROVED MARKETSApproved Markets"), and the holders of such Common Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. As of the date of this Agreement, the outstanding shares of Common Stock are currently listed on the Principal MarketMarket and the Pacific Exchange.

Issuance of Common Shares. The Common Shares and Option Shares are duly authorized and reserved for issuance and, upon conversion of Preferred Shares in accordance with the Certificate, purchase of the Option Shares or exercise of the Warrants in accordance with the terms thereof, such Common Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Principal Market or the New York Stock Exchange or the American Stock Exchange, or the Nasdaq small cap market (collectively with the Principal Market, the "APPROVED MARKETS"), and the holders of such Common Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. As of the date of this Agreement, the outstanding shares of Common Stock are currently listed on the Principal Market.

Issuance of Common Shares. The Common Shares are duly authorized and reserved for issuance and, upon conversion of Debentures or exercise of the Warrants in accordance with the terms thereof, such Common Shares will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Pacific Exchange and the Principal Market or the New York Stock Exchange or the American Stock Exchange, or the Nasdaq small cap market Small Cap Market (collectively with the Principal Market, the "APPROVED MARKETSApproved Markets"), and the holders of such Common Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. As of the date of this Agreement, the outstanding shares of Common Stock are currently listed on the Principal MarketMarket and the Pacific Exchange.

Issuance of Common Shares. The Common Shares are duly authorized and reserved for issuance and, upon exercise conversion of the Warrants Notes in accordance with their terms (including receipt by the terms thereofCompany of the Notes being converted or a lost bond affidavit), such Common Shares Shares, will be validly issued, fully paid and non-assessable, free and clear of any and all liens, claims and encumbrances, and entitled to be traded on the Principal Market or the New York Stock Exchange ("NYSE") (or the American Stock Exchange, or the Nasdaq small cap market (National Market System, collectively with the Principal MarketNYSE, the "APPROVED MARKETS"), and the holders of such Common Shares shall be entitled to all rights and preferences accorded to a holder of Common Stock. As of the date of this Agreement, the outstanding shares of Common Stock are currently listed on the Principal MarketNYSE.