Additional Registration. (i) If at any time and for any reason, an Additional Registration Statement is required to be filed because at such time the actual number of shares of Registrable Securities exceeds the number of shares of Registrable Securities remaining under the Initial Registration Statement, the Company shall have thirty (30) days to file such Additional Registration Statement, and the Company shall use its best efforts to cause such Additional Registration Statement to be declared effective by the Commission as soon as possible, but in no event later than ninety (90) days after filing (the “Additional Effectiveness Date”).
Additional Registration. If at least 75% of the Registrable Securities requested to be registered by the Requesting Holder in one of the Company Funded Registrations are not included in such registration, then such Requesting Holder may request that the Company effect an additional registration under the Securities Act of all or part of such Requesting Holder's Registrable Securities in accordance with the provisions of this Section 1.02, and the Company shall effect, and pay the Registration Expenses in connection with, such additional registration (in addition to the Company Funded Registrations referred to in Section 1.02(a)) requested pursuant to this Section 1.02(f).
Additional Registration. Notwithstanding the foregoing:
Additional Registration. If at any time while the Buyer holds Registrable Securities the Initial Registration Statement does not register for resale all of the Conversion Shares (i.e., if the Conversion Share Amount is insufficient to have registered all Conversion Shares issuable on Conversion of the Note) (such even, a “Conversion Share Registration Failure”), then the Company shall use its best efforts to file an additional registration statement to cover the additional note conversion shares needed for full conversion within 45 business days. Notwithstanding the foregoing, the Company will have no obligation to file such additional registration statements if the additional note conversion shares would be subject to immediate release, without volume or other limitations and reliance on Rule 144 at the time of conversion.
Additional Registration. At least six months after the Closing Date, if DHW has sold all of the Registrable Shares included in the initial Registration Statement, DHW may request the filing of an additional Registration Statement covering up to 4,666,666 Registrable Shares (a “Registration Request”). Upon receipt of a Registration Request, the Company shall use best commercial efforts to, within 45 days of the Registration Request, prepare and file a Registration Statement covering the shares which are the subject of the Registration Request and shall use best commercial efforts to cause such Registration Statement to become effective as soon as is practicable following its filing. Upon the sale of all of the Registrable Shares included in such Registration Statement, DHW may submit an additional Registration Request covering up to 4,666,666 Registrable Shares and the Company will follow the same procedure of preparing, filing and seeking effectiveness of a Registration Statement covering the shares which are the subject of such Registration Request. The procedure set forth in the immediately preceding sentence will be followed until all of the Registrable Shares have been sold; provided, however, that this Section 2.2 shall not obligate the Company to file (a) more than six Registration Statements (including the initial Registration Statement) in total, (b) Registration Statements any more frequently than one every six months, nor (c) any Registration Statement more than three years after the Closing Date. If for any reason the Commission does not permit registration of all of the Registrable Securities included in any Registration Statement filed pursuant this Section 2.2, then the Company’s obligation to register the affected shares shall cease.
Additional Registration. Neon shall file an additional registration statement no later than January 15, 2005, to the extent necessary to register the offer and sale under the Securities Act of that number of additional shares of Common Stock which represent interest payments that would become due under the Exelon Note through its maturity date if such interest payments were to be paid in the form of additional shares of Common Stock or additional convertible notes in accordance with the terms of the Exelon Note.
Additional Registration. If the Holders become entitled, pursuant to an event described in clause (iii) of the definition of Registrable Securities, to receive any securities in respect of Registrable Securities that were already included in a Registration Statement, subsequent to the date such Registration Statement is declared effective, and the Company is unable under the securities laws to add such securities to the then effective Registration Statement, the Company shall promptly file, in accordance with the procedures more particularly set forth in Section 2 hereof, an additional Registration Statement with respect to any such new Registrable Securities. The Company shall use its best efforts to (i) cause any such additional Registration Statement, when filed, to become effective under the Securities Act; and (ii) keep such additional Registration Statement effective during the period described in clause (ii) of Section 2(a).
Additional Registration. Notwithstanding any other provision of this Agreement, if and to the extent that the issuance of Underlying Common Stock upon conversion of Notes is not exempt from the registration requirements of the Securities Act, the Company will register such issuance under the Securities Act, on substantially the terms and conditions (other than Section 2(e) hereof) set forth in this Agreement for registration of the resale of Registrable Securities, for so long as is required by applicable law; provided, that the foregoing obligation, if any, shall not be applicable in the event the Company elects to satisfy, solely in cash, its obligation to pay the full amount of the conversion value, if any, in excess of the accreted principal amount of the Notes due upon conversion thereof.
Additional Registration. To the extent that the number of ------------------------ Shares included in the Registration Statement shall not be sufficient cover the additional Common Shares issuable upon exercise of the Reset Option, the Company will prepare and, within 90 days after exercise by Purchaser of the Reset Option (the "Additional Filing Date"), file with the Commission an additional registration statement on Form SB-2 (or such other form as may be available) (the "Additional Registration Statement") with respect to such Common Shares and such additional shares of Common Stock issuable to other Selling Stockholders who have exercised their reset option pursuant to similar subscription agreements (the "Additional Shares") and to effect registration (including the execution of an undertaking to file post-effective amendments, appropriate qualifications under blue sky or other state securities laws and appropriate compliance with applicable regulations issued under the Securities Act) as would permit or facilitate the sale and distribution of all of such shares by Purchaser and such other Selling Stockholders from time to time during the period provided for in Section 13(b) on the over-the-counter market, in other permitted public sales or in privately negotiated transactions, and, for purposes of Sections 13(b), 13(c) and 13(d) of this Agreement, the term "Registration Statement" shall mean the Additional Registration Statement and the term "Shares" shall mean the Additional Shares; provided, however, the Company shall not be obligated to take any action to effect any such registration, qualification or compliance pursuant to this Section in any particular jurisdiction in which the Company would be required to execute a general consent to service of process in effecting such registration, qualification or compliance unless the Company is already subject to service in such jurisdiction and except as may be required by the Securities Act.
Additional Registration. In the event the number of Registrable Securities available under a Registration Statement filed pursuant to this Agreement is for any three (3) consecutive trading days (the last of such three (3) trading days being the "Registration Trigger Date"), insufficient to cover one hundred twenty-five percent (125%) of the Registrable Securities issued or issuable upon conversion of the Notes outstanding (based on the conversion formula set forth in the Notes), AEC shall file an additional Registration Statement so as to cover two hundred percent (200%) of the Registrable Securities issued or issuable to such Purchaser as of the date immediately preceding such filing, as soon as practicable, but in any event within fifteen (15) business days after the Registration Trigger Date. Notwithstanding the foregoing, the number of shares of Common Stock which the Company is obligated to cover pursuant to Registration Statements is limited to the Maximum Share Issuance (as defined in the Note). The Purchaser agrees to provide to AEC such information as it reasonably requests to allow AEC to assess whether a Registration Trigger Date has occurred or may occur. AEC shall cause such additional Registration Statement to become effective as soon as practicable following the filing thereof. The requirement of AEC to file further additional Registration Statements under this Section 2.2 shall continue to apply with respect to each additional Registration Statement.
