Common use of The Underlying Securities Clause in Contracts

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof in accordance with the terms of the Indenture; the Underlying Securities to be issued upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Indenture, will be validly issued, fully paid and non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the IndentureSecurities; the Underlying Securities to be issued upon conversion of the Securities have been duly authorized and reserved and, when issued for issuance upon conversion of the Securities in accordance with the terms of the IndentureSecurities, will be validly issued, fully paid and non non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the IndentureAgreement, the Securities will be convertible at the option into shares of the holder thereof Underlying Securities in accordance with the terms of the IndentureSecurities; the Underlying Securities to be issued reserved for issuance upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the IndentureSecurities, will be validly issued, fully paid and non assessablenon‑assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

The Underlying Securities. Upon issuance and delivery of the Offered Securities in accordance with this Agreement and the Indenture, the Offered Securities will be convertible at the option into cash, shares of the holder thereof Common Stock or a combination thereof, in accordance with the terms of the Indenture; the . The Underlying Securities to be issued upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Offered Securities in accordance with the terms of the Indenture, will be validly issued, fully paid and non non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into the Underlying Securities in accordance with the terms of the Securities and the Indenture; the Underlying Securities to be issued upon conversion of the Securities have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the IndentureSecurities, will be validly issued, fully paid and non assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.