Alternative Forms Clause Samples
The "Alternative Forms" clause defines the permissible variations or formats in which a document, notice, or agreement may be presented or executed. This clause typically specifies whether electronic, paper, or other specified forms are acceptable, and may outline requirements for validity, such as signatures or authentication methods. Its core practical function is to provide flexibility and clarity regarding the acceptable formats for official communications or documents, thereby reducing disputes over formality and ensuring that parties can efficiently fulfill their obligations using modern or convenient methods.
Alternative Forms. In the event that Form S-3 is not available for the registration of the resale of Registrable Securities hereunder, the Company shall (i) register the resale of the Registrable Securities on Form S-1 and (ii) undertake to register the Registrable Securities on Form S-3 promptly after such form is available, provided that the Company shall maintain the effectiveness of the Registration Statement then in effect until such time as a Registration Statement on Form S-3 covering the Registrable Securities has been declared effective by the SEC.
Alternative Forms. In the event that Form F-3 is not available for the registration of the resale of Registrable Securities hereunder, the Company shall (i) register the resale of the Registrable Securities on Form F-1 and (ii) undertake to register the Registrable Securities on Form F-3 promptly after such form is available, provided that the Company shall maintain the effectiveness of the Registration Statement then in effect until such time as a Registration Statement on Form F-3 covering the Registrable Securities has been declared effective by the SEC.
Alternative Forms. In the event the parties determine that the Merger is not practicable, whether for regulatory reasons, voting approvals, third party consents, or any other reason, the parties will use their best efforts to complete the Consolidation Transaction in one or more alternative forms, which may include without limitation:
(a) Transfer of all or substantially all of the assets and liabilities of the Surviving Company to Parent or an affiliate of Parent in exchange for the consideration which would have been payable to the Investors in the Merger. Following any such asset transfer, the Surviving Company will promptly distribute such consideration to its Investors in accordance with their respective consideration elections.
(b) Transfer by the Investors of their Interests in the Surviving Company to Parent or an affiliate of Parent in exchange for the consideration which would have been payable to the Investors in the Merger, in accordance with each such Investor’s consideration election.
(c) Any other alternative form approved by the parties hereto.