Registration Statement Amendment. After the date of this Agreement and during any period in which a Prospectus relating to any Placement Securities is required to be delivered by the Placement Agent under the Securities Act (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), (i) the Company will notify the Placement Agent promptly of the time when any subsequent amendment to the Registration Statement, other than documents incorporated by reference, has been filed with the Commission and/or has become effective or any subsequent supplement to the Prospectus has been filed and of any comment letter from the Commission or any request by the Commission for any amendment or supplement to the Registration Statement or Prospectus or for additional information; (ii) the Company will prepare and file with the Commission, promptly upon the Placement Agent’s request, any amendments or supplements to the Registration Statement or Prospectus that, in the Placement Agent’s reasonable opinion, may be necessary or advisable in connection with the distribution of the Placement Securities by the Placement Agent (provided, however, that the failure of the Placement Agent to make such request shall not relieve the Company of any obligation or liability hereunder, or affect the Placement Agent’s right to rely on the representations and warranties made by the Company in this Agreement); (iii) the Company will not file any amendment or supplement to the Registration Statement or Prospectus, other than documents incorporated by reference, relating to the Placement Securities or a security convertible into the Placement Securities unless a copy thereof has been submitted to the Placement Agent within a reasonable period of time before the filing and the Placement Agent has not reasonably objected thereto (provided, however, that the failure of the Placement Agent to make such objection shall not relieve the Company of any obligation or liability hereunder, or affect the Placement Agent’s right to rely on the representations and warranties made by the Company in this Agreement) and the Company will furnish to the Placement Agent at the time of filing thereof a copy of any document that upon filing is deemed to be incorporated by reference into the Registration Statement or Prospectus, except for those documents available via XXXXX; and (iv) the Company will cause each amendment or supplement to the Prospectus, other than documents incorporated by refe...
Registration Statement Amendment. The Company shall file Amendment No. 3 to the Registration Statement no later than seven (7) Business Days following the Amendment Effective Date.
Registration Statement Amendment. If, after a registration statement becomes effective, the Company becomes engaged in any activity which in the good faith determination of the Company's board of directors, involves information that would have to be disclosed in the registration statement but which the Company desires to keep confidential for valid business reasons, then the Company may at its option, by notice to the Holders, require that the Holders cease sales of such Registrable Securities under such registration statement for a period not in excess of ninety (90) days from the date of such notice, such right to be exercised by the Company not more than once in any twelve (12) month period. If, in connection therewith, the Company considers it appropriate for such registration statement to be amended, the Company will so amend such registration statement as expeditiously as possible and the Holders will suspend any further sales of its Registrable Shares until the Company advises it that such registration statement has been amended. The time periods referred to herein during which such registration statement must be kept effective will be extended for an additional number of days equal to the number of days during which the right to sell shares was suspended due to this Section 6.
Registration Statement Amendment. On or around May 12, 2009, FNB filed with the OCC its Post-Effective Amendment No. 2 to the Registration Statement on Form S-1. FNB shall use its reasonable best efforts to cause the amendment to become effective under the 1933 Act.”
Registration Statement Amendment. The Registration Statement Amendment shall have been declared effective and shall be effective at the Effective Time, and no stop order suspending effectiveness shall have been issued, no action, suit, proceeding or investigation by the Commission to suspend the effectiveness thereof shall have been initiated and be continuing, and all necessary approvals under state securities laws or the Securities Act or the Exchange Act related to the issuance or trading of the Common Stock shall have been received.
