Common use of Reservation of Stock Issuable Upon Conversion Clause in Contracts

Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock solely for the purpose of effecting the conversion of the shares of Series C-IV Preferred Stock such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Series C-IV Preferred Stock, the Company shall take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.

Appears in 2 contracts

Samples: Deferred Pricing Agreement (Citigroup Inc), Deferred Pricing Agreement (On2com Inc)

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Reservation of Stock Issuable Upon Conversion. The Company This Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock solely for the purpose of effecting the conversion of the shares of Series C-IV the Preferred Stock Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Series C-IV Preferred Stock, in addition to such other remedies as shall be available to the Company holder of such Preferred Stock, this Corporation shall take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Rubios Restaurants Inc), Preferred Stock Purchase Agreement (Rubios Restaurants Inc)

Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock solely for the purpose of effecting the conversion of the shares of Series C-IV V Preferred Stock such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV V Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Series C-IV V Preferred Stock, the Company shall take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.

Appears in 2 contracts

Samples: Deferred Pricing Agreement (Citigroup Inc), Deferred Pricing Agreement (On2com Inc)

Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of Series C-IV Preferred Stock A Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV Preferred Stock; and if A Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV Preferred StockA Preferred, the Company shall will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Debt Conversion Agreement (American Soil Technologies Inc)

Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series C-IV F Preferred Stock Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV F Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV F Preferred Stock, the Company shall Corporation will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.be

Appears in 1 contract

Samples: Series F Preferred Stock and Warrant Purchase Agreement (Phoenix Network Inc)

Reservation of Stock Issuable Upon Conversion. The Company shall use its commercially reasonable efforts at all times to reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series C-IV Preferred Stock Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV Preferred Stock; and if Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV Preferred StockPreferred, the Company shall will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aradigm Corp)

Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock solely for the purpose of effecting the conversion of the shares of Series C-IV Preferred Stock such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV the Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all the then outstanding shares Preferred Stock, in addition to such other remedies as shall be available to the holder of Series C-IV such Preferred Stock, the Company shall Corporation will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Options Talent Group)

Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series C-IV Preferred Stock A2 Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV Preferred Stock; and if A2 Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV Preferred StockA2 Preferred, the Company shall will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Metricom Inc / De)

Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized authorized, but unissued unissued, shares of Common Stock common stock, solely for the purpose of effecting the conversion of the shares of Series C-IV Preferred Stock the preferred stock, such number of its shares of Common Stock common stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV Preferred Stock; the preferred stock and to effect the exercise of all rights, warrants, and options to purchase common stock, and if at any time the number of authorized authorized, but unissued unissued, shares of Common Stock common stock shall not be sufficient to effect the conversion of all then outstanding shares of Series C-IV Preferred Stockthe stock, and such other convertible stock or securities and rights, warrants, and options, the Company shall Corporation will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock common stock to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Agreement (Lone Star Technologies Inc)

Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series C-IV Preferred Stock B Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV Preferred Stock; and if B Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV Preferred StockB Preferred, the Company shall will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Gilead Sciences Inc)

Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series C-IV Preferred Stock A Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV Preferred A Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV Preferred A Stock, the Company shall Corporation will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposespurpose, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to the Articles of Incorporation.

Appears in 1 contract

Samples: Affiliate Agreement (Artecon Inc)

Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of Series C-IV A Preferred Stock Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV A Preferred Stock; and if at . As a condition precedent to the taking of any time action which would cause an adjustment to the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Series C-IV Preferred StockConversion Price, the Company shall will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for in order that it may validly and legally issue the shares of its Common Stock issuable based upon such purposesadjusted Conversion Price.

Appears in 1 contract

Samples: Employment Agreement (Centrue Financial Corp)

Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series C-IV B Preferred Stock Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV B Preferred Stock; , and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Series C-IV B Preferred Stock, the Company shall take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Marker International)

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Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock solely for the purpose of effecting the conversion of the shares of the Series C-IV A Preferred Stock such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV Preferred Stock; and if A Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV A Preferred Stock, the Company shall Corporation will use its best efforts to take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Employment Agreement (Zitel Corp)

Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series C-IV Preferred Stock A Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV Preferred Stock; and if A Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV Preferred StockA Preferred, the Company shall Corporation will take such corporate action as may, in the opinion of its counsel, may be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Escrow Agreement (Movie Star Inc /Ny/)

Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series C-IV Preferred Stock A1 Preferred, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV Preferred Stock; and if A1 Preferred. If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV Preferred StockA1 Preferred, the Company shall will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Metricom Inc / De)

Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock and Class B Common Stock, solely for the purpose of effecting the conversion of the shares of Series C-IV Preferred Stock A Preferred, such number of its shares of Common Stock and Class B Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV Preferred Stock; and if A Preferred. If at any time the number of authorized but unissued shares of Common Stock or Class B Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of Series C-IV Preferred StockA Preferred, the Company shall Corporation will take such corporate action as may, in the opinion of its counsel, may be necessary to increase its authorized but unissued shares of Common Stock or Class B Common Stock, as the case may be, to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Texoil Inc /Nv/)

Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times times, after the Conversion Time, reserve and keep available out of its authorized but unissued shares of Common Stock common stock solely for the purpose of effecting the conversion of the shares of Series C-IV Preferred Stock B Stock, such number of its shares of Common Stock common stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV Preferred B Stock; and if at any time time, the number of authorized authorized, but unissued and unreserved, shares of Common Stock common stock shall not be sufficient to effect the conversion of all then outstanding shares of Series C-IV Preferred B Stock, the Company shall Corporation will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized authorized, but unissued and unreserved, shares of Common Stock common stock to such number of shares as shall be sufficient for such purposes.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Trustcash Holdings, Inc.)

Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock Stock, solely for the purpose of effecting the conversion of the shares of the Series C-IV F Preferred Stock Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV F Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV F Preferred Stock, the Company shall Corporation will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposespurpose.

Appears in 1 contract

Samples: Stockholders Agreement (Aegis Communications Group Inc)

Reservation of Stock Issuable Upon Conversion. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock solely for the purpose of effecting the conversion of the shares of Series C-IV Preferred Stock Debenture such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Series C-IV Preferred Stockthe Debenture; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then the entire outstanding shares principal amount, in addition to such other remedies as shall be available to the Holder of Series C-IV Preferred Stockthis Debenture, the Company shall will use its best efforts to take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.

Appears in 1 contract

Samples: Trimark Holdings Inc

Reservation of Stock Issuable Upon Conversion. The Company Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock common stock, solely for the purpose of effecting the conversion of the shares of the Series C-IV Preferred Stock A Preferred, such number of its shares of Common Stock common stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of the Series C-IV Preferred StockA Preferred; and if at any time the number of authorized but unissued shares of Common Stock common stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series C-IV Preferred StockA Preferred, the Company shall Corporation will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock common stock to such number of shares as shall be sufficient for such purposespurpose, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to this Certificate.

Appears in 1 contract

Samples: Stock Purchase Agreement (Thaon Communications Inc)

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