Allowable Grace Period shall have the meaning assigned to such term in Section 3(p).
Allowable Grace Period shall have the meaning set forth in Section 2(e).
Allowable Grace Period shall have the meaning set forth in Section 5(d).
Examples of Allowable Grace Period in a sentence
Notwithstanding the foregoing, the Company shall not deliver any VWAP Purchase Notices to the Investor during the PEA Period, any Allowable Grace Period or any MPA Period.
Notwithstanding the foregoing, the Company shall not deliver any Intraday VWAP Purchase Notices to the Investor during the PEA Period, any Allowable Grace Period or any MPA Period.
For purposes of determining the length of a Grace Period, the Grace Period shall be deemed to begin on and include the date the Holders receive the notice referred to in clause (i) above and shall end on and include the later of the date the Holders receive the notice referred to in clause (ii) above and the date referred to in such notice; provided, however, that no Grace Period shall be longer than an Allowable Grace Period.
Notwithstanding anything to the contrary contained in this Agreement, other than during an Allowable Grace Period, the Company shall ensure that, when filed and at all times while effective, each Registration Statement and the prospectus used in connection with such Registration Statement will disclose (whether directly or through incorporation by reference to other SEC filings to the extent permitted) all material information regarding the Company and its securities.
The provisions of Section 2.5 hereof shall not be applicable during the period of any Allowable Grace Period.
More Definitions of Allowable Grace Period
Allowable Grace Period shall have the meaning assigned to such term in the Registration Rights Agreement.
Allowable Grace Period has the meaning set out in Section 6.8(p).
Allowable Grace Period shall also mean up to thirty (30) calendar days after the Company files its Form 10-K so long as it files its Post-Effective Amendment to any Registration Statement within ten days after the date on which it files its Form 10-K. Any Allowable Grace Period under the preceding sentence shall not be counted against the period set forth in (I) in the preceding sentence. For purposes of determining the length of a Grace Period above, such Grace Period shall begin on and include the date the Investors receive the notice referred to in clause (i) above and shall end on and include the later of the date the Investors receive the notice referred to in clause (ii) above and the date referred to in such notice. The provisions of Section 3(g) hereof shall not be applicable during the period of any Allowable Grace Period. Upon expiration of each Grace Period, the Company shall again be bound by the first sentence of Section 3(f) with respect to the information giving rise thereto unless such material, non-public information is no longer applicable. Notwithstanding anything to the contrary contained in this Section 3(r), the Company shall cause its transfer agent to deliver unlegended shares of Common Stock to a transferee of an Investor in accordance with the terms of the Securities Purchase Agreement in connection with any sale of Registrable Securities with respect to which such Investor has entered into a contract for sale, and delivered a copy of the prospectus included as part of the particular Registration Statement to the extent applicable, prior to such Investor’s receipt of the notice of a Grace Period and for which the Investor has not yet settled.
Allowable Grace Period. For purposes of determining the length of a Grace Period, the Grace Period shall be deemed to begin on and include the date stated in the notice referred to in clause (i) above as the beginning of such Grace Period and shall end on and include the earlier of (I) the date stated in the notice referred to in clause (ii) above as the end of such Grace Period (or, if applicable, the date stated in the second notice referred to in the immediately preceding sentence as the end of such extended Grace Period) or, (II) to the extent considered appropriate by the Company in its sole discretion, such earlier date as to which the Company may advise the Investors in writing after the Company’s provision of the notices described above; provided, however, that no Grace Period shall be longer than an Allowable Grace Period without incurring any liability to pay the Registration Delay Payments pursuant to Section 2(f). The Company agrees to use all reasonable efforts to ensure that Investors may resume sales under the relevant Registration Statement as soon as such suspension, in the sole discretion of the Company, is no longer necessary. The provisions of Sections 3(d) and 3(f) of this Agreement shall not be applicable, and the Company shall not have any obligation to pay any Registration Delay Payments by reason of any Registration Delay, during the period of any Allowable Grace Period.
Allowable Grace Period. For purposes of determining the length of a Grace Period above, such Grace Period shall begin on and include the date set forth in the notice referred to in clause (i) above, provided that such notice is received by the Investor not later than 9:30 a.m. (New York City time) on the second Trading Day immediately prior to such commencement date (except for such case where it is impossible to provide such two-Trading Day advance notice, in which case the Company shall provide such notice as soon as possible) and shall end on and include the later of the date the Investor receives the notice referred to in clause (ii) above and the date referred to in such notice. The provisions of Section 3(f) hereof shall not be applicable during the period of any Allowable Grace Period. Upon expiration of each Grace Period, the Company shall again be bound by the first sentence of Section 3(f) with respect to the information giving rise thereto unless such material, non-public information is no longer applicable. Notwithstanding anything to the contrary contained in this Section 3(q), the Company shall cause its transfer agent to deliver unlegended shares of Common Stock to a transferee of the Investor in accordance with the terms of the Purchase Agreement in connection with any sale of Registrable Securities with respect to which the Investor has entered into a contract for sale, and delivered a copy of the prospectus included as part of the particular Registration Statement to the extent applicable, prior to the Investor’s receipt of the notice of a Grace Period and for which the Investor has not yet settled.
Allowable Grace Period has the meaning assigned thereto in Section 5 of this Agreement.
Allowable Grace Period shall have the meaning assigned to such term in Section 3(p). (d) “Blue Sky Filing” shall have the meaning assigned to such term in Section 6(a). (e) “Business Day” means any day other than Saturday, Sunday or any other day on which commercial banks in New York, New York and Luxembourg, Grand Duchy of Luxembourg are authorized or required by law to remain closed. (f) “Claims” shall have the meaning assigned to such term in Section 6(a). (g) “Closing Date” shall mean the date of this Agreement. (h) “Commission” means the U.S. Securities and Exchange Commission or any successor entity. (i) “Company” shall have the meaning assigned to such term in the preamble of this Agreement. (j) “Company Party” or “Company Parties” shall have the meaning assigned to such terms in Section 6(a). (k) “Effective Date” means the date that the applicable Registration Statement has been declared effective by the Commission. (l) “Effectiveness Deadline” shall have the meaning assigned to such term in Section 2(a). (m) “Exchange Act” means the Securities Exchange Act of 1934, as amended. (n) “Filing Deadline” means, (i) with respect to the Initial Registration Statement required to be filed pursuant to Section 2(a), the 5th Business Day immediately following the 20-F Filing Date , and (ii) with respect to any New Registration Statements that may be required to be filed by the Company pursuant to this Agreement, the 30th Business Day following the sale of substantially all of the Registrable Securities included in the Initial Registration Statement or the most recent prior New Registration Statement, as applicable, or such other date as permitted by the Commission. (o) “Indemnified Damages” shall have the meaning assigned to such term in Section 6(a). (p) “Initial Registration Statement” shall have the meaning assigned to such term in Section 2(a). (q) “Investor” shall have the meaning assigned to such term in the preamble of this Agreement.