Common use of AVAILABLE Clause in Contracts

AVAILABLE. The legend set forth above shall be removed by the Company from any certificate evidencing any of the Securities only (i) upon receipt by the Company of an opinion in form and substance satisfactory to the Company that such legend may be removed pursuant to Rule 144 promulgated under the Securities Act, or (ii) upon confirmation that a registration statement under the Securities Act is at that time in effect with respect to the legended Security and that such transfer will not jeopardize the exemption or exemptions from registration pursuant to which the respective Security was issued.

Appears in 5 contracts

Samples: Option and Subscription Agreement (Altair Nanotechnologies Inc), Consulting Agreement (Altair Nanotechnologies Inc), Consulting Agreement (Altair Nanotechnologies Inc)

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AVAILABLE. The legend set forth above shall be removed by the Company from any certificate evidencing any of the Securities Common Stock only (i) upon receipt by the Company of an opinion from legal counsel in form and substance satisfactory to the Company that such legend may be removed pursuant to Rule 144 promulgated under the Securities Act, or (ii) upon confirmation that a registration statement under the Securities Act is at that time in effect with respect to the legended Security Common Stock and that such transfer will not jeopardize the exemption or exemptions from registration pursuant to which the respective Security Common Stock was issued.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Penge Corp), Convertible Note Purchase Agreement (Penge Corp)

AVAILABLE. The legend set forth above shall be removed by the Company from any certificate evidencing any of the Securities only (i) upon receipt by the Company of an opinion in form and substance satisfactory to the Company that such legend may be removed pursuant to Rule 144 promulgated under the Securities Act, or (ii) upon confirmation that a registration statement under the Securities Act is at that time in effect with respect to the legended Security Securities and that such transfer will not jeopardize the exemption or exemptions from registration pursuant to which the respective Security was legended Securities were issued.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Smoky Market Foods Inc), Securities Purchase Agreement (Smoky Market Foods Inc)

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AVAILABLE. The legend set forth above shall be removed by the Company from any certificate evidencing any of the Securities only (i) upon receipt by the Company of an opinion in form and substance satisfactory to the Company that such legend may be removed pursuant to Rule 144 promulgated under the Securities Act, or (ii) upon confirmation that a registration statement under the Securities Act is at that time in effect with respect to the legended Security Share and that such transfer will not jeopardize the exemption or exemptions from registration pursuant to which the respective Security Share was issued.

Appears in 1 contract

Samples: Stock Purchase Agreement (Arkona Inc)

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