Common use of Covenant as to Common Stock Clause in Contracts

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of the Note or the Credit Facility Note will upon issuance be fully paid and nonassessable and, except as provided in Section 11.8 hereof, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 3 contracts

Sources: Convertible Subordinated Note Agreement (Micro Therapeutics Inc), Convertible Subordinated Note Agreement (Micro Therapeutics Inc), Convertible Subordinated Note Agreement (Abbott Laboratories)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of the Note or the Credit Facility Note Notes will upon issuance issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.8 hereof11.11, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 3 contracts

Sources: Indenture (Prime Succession Holdings Inc), Indenture (Prime Succession Holdings Inc), Indenture (Prime Succession Holdings Inc)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of the Note or the Credit Facility Note 1997A Notes in accordance herewith will upon issuance issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.8 hereof6.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 2 contracts

Sources: Supplemental Indenture (Diamond Offshore Drilling Inc), Supplemental Indenture (Diamond Offshore Drilling Inc)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of the Note or the Credit Facility Note will Series 8-3/4% Notes shall upon issuance issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.8 hereof4.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Sources: First Supplemental Indenture (Cd Radio Inc)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of the Note or the Credit Facility Note Securities will upon issuance issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.8 hereof13.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Sources: Indenture (Activision Inc /Ny)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued delivered upon conversion of the Note or the Credit Facility Note Securities will be newly issued shares, upon issuance such delivery, will have been duly authorized and validly issued and will be fully paid and nonassessable and, except as provided in Section 11.8 hereof14.8, the Company will pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Sources: Indenture (Apria Healthcare Group Inc)

Covenant as to Common Stock. The Company covenants that all shares of Common Stock which may be issued upon conversion of the Note or the Credit Facility Note will Series 6-1/2% Notes shall upon issuance issue be newly issued (and not treasury shares) and be duly authorized, validly issued, fully paid and nonassessable and, except as provided in Section 11.8 hereof4.08, the Company will shall pay all taxes, liens and charges with respect to the issue thereof.

Appears in 1 contract

Sources: First Supplemental Indenture (Checkfree Holdings Corp \Ga\)