Common use of Reservation of Authorized Common Stock Clause in Contracts

Reservation of Authorized Common Stock. GenTek shall at all times reserve and keep available for issue upon the exercise of Tranche A Warrants, such number of its authorized but unissued shares of Common Stock or other securities deliverable upon exercise of Tranche A Warrants as will be sufficient to permit the exercise in full of all outstanding Tranche A Warrants and shall take all action required to increase the authorized number of shares of Common Stock if necessary to permit the conversion of all outstanding Tranche A Warrants. Before taking any action that would cause an adjustment pursuant to Section 4.01 reducing the Exercise Price below the then par value, if any, of any of the shares of Common Stock into which the Tranche A Warrants are exercisable, GenTek will take any corporate action that may be necessary in order that GenTek may validly and legally issue fully paid and non-assessable shares of such Common Stock at such adjusted Exercise Price. GenTek will cause appropriate evidence of ownership of such Common Stock or other securities to be delivered to the Warrant Agent upon its request for delivery upon the exercise of Tranche A Warrants, and all such shares of Common Stock will, at all times, be duly approved for listing subject to official notice of issuance on each securities exchange, interdealer quotation system or market, if any, on which such Common Stock is then listed. GenTek covenants that all Common Stock or other securities that may be issued upon the exercise of the Tranche A Warrants will, upon issuance, be duly authorized, validly issued, fully paid and non-assessable, and free from preemptive rights and all taxes, liens, charges, encumbrances and security interests.

Reservation of Authorized Common Stock. GenTek shall at all times reserve and keep available for issue upon the exercise of Tranche A C Warrants, such number of its authorized but unissued shares of Common Stock or other securities deliverable upon exercise of Tranche A C Warrants as will be sufficient to permit the exercise in full of all outstanding Tranche A C Warrants and shall take all action required to increase the authorized number of shares of Common Stock if necessary to permit the conversion of all outstanding Tranche A C Warrants. Before taking any action that would cause an adjustment pursuant to Section 4.01 reducing the Exercise Price below the then par value, if any, of any of the shares of Common Stock into which the Tranche A C Warrants are exercisable, GenTek will take any corporate action that may be necessary in order that GenTek may validly and legally issue fully paid and non-assessable shares of such Common Stock at such adjusted Exercise Price. GenTek will cause appropriate evidence of ownership of such Common Stock or other securities to be delivered to the Warrant Agent upon its request for delivery upon the exercise of Tranche A C Warrants, and all such shares of Common Stock will, at all times, be duly approved for listing subject to official notice of issuance on each securities exchange, interdealer quotation system or market, if any, on which such Common Stock is then listed. GenTek covenants that all Common Stock or other securities that may be issued upon the exercise of the Tranche A C Warrants will, upon issuance, be duly authorized, validly issued, fully paid and non-assessable, and free from preemptive rights and all taxes, liens, charges, encumbrances and security interests.

Reservation of Authorized Common Stock. GenTek Sterling shall at all times reserve and keep available for issue upon the exercise of Tranche A Warrants, such number of its authorized but unissued shares of Common Stock or other securities deliverable upon exercise of Tranche A Warrants as will be sufficient to permit the exercise in full of all outstanding Tranche A Warrants and shall take all action required to increase the authorized number of shares of Common Stock if necessary to permit the conversion of all outstanding Tranche A Warrants. Before taking any action that would cause an adjustment pursuant to Section 4.01 reducing the Exercise Price below the then par value, if any, value of any of the shares of Common Stock into which the Tranche A Warrants are exercisable, GenTek Sterling will take any corporate action that may be necessary in order that GenTek Sterling may validly and legally issue fully paid and non-assessable shares of such Common Stock at such adjusted Exercise Price. GenTek Sterling will cause appropriate evidence of ownership of such Common Stock or other securities to be delivered to the Warrant Agent upon its request for delivery upon the exercise of Tranche A Warrants, and all such shares of Common Stock will, at all times, be duly approved for listing subject to official notice of issuance on each securities exchange, interdealer quotation system or market, if any, on which such Common Stock is then listed. GenTek Sterling covenants that all Common Stock or other securities that may be issued upon the exercise of the Tranche A Warrants will, upon issuance, be duly authorized, validly issued, fully paid and non-assessable, and free from preemptive rights and all taxes, liens, charges, encumbrances and security interests.