Common use of Effectiveness of the Registration Statements Clause in Contracts

Effectiveness of the Registration Statements. The following conditions for effectiveness shall apply to the Registration Statements required to be filed by the Company with the SEC pursuant to paragraph (a) above, without limiting the Company's obligation to file such Registration Statements. The Company shall use its best efforts: (i) to have the First Registration Statement declared effective by the SEC in no event later than 120 calendar days after the Closing Date relating to the First Sale and (ii) to have each Subsequent Registration Statement declared effective by the SEC in no event later than 60 calendar days after the Closing Date relating to each Unregistered Sale and in any event prior to any further Subsequent Sales. The Company shall ensure that all Registration Statements and any amendments thereto remain in effect for a period ending 180 days following the later of (1) the date of expiration of the Incentive Warrant Exercise Period (as such term is defined in the Incentive Warrant) if the Incentive Warrant has not been exercised in full and (2) the date all Registrable Securities issued or issuable to the Investor pursuant to the Stock Purchase Agreement may be sold by the Investor without registration and without any time, volume or manner limitations pursuant to Rule 144(k) (or any similar provision then in effect) under the Securities Act; provided that such period shall be extended one day for each day after the applicable Effective Date that any Registration Statement covering Registrable Securities is not effective during the period such Registration Statement is required to be effective pursuant to this Agreement; and provided further that the Company shall not be required to ensure that any Registration Statement covering Registrable Securities remain in effect for such period if the shares registered thereunder shall have become freely tradable pursuant to Rule 144(k) of the Securities Act as such Rule may be amended from time to time, or have otherwise been sold.

Effectiveness of the Registration Statements. The following conditions for effectiveness shall apply to the Registration Statements required to be filed by the Company with the SEC pursuant to paragraph (a) above, without limiting the Company's obligation to file such Registration Statements. The Company shall use its best efforts: (i) to have the First Registration Statement declared effective by the SEC in no event later than 120 90 calendar days after the Closing Date relating to the First Sale Sale, and (ii) to have each Subsequent Registration Statement declared effective by the SEC in no event later than 60 calendar days after the Closing Date relating to each Unregistered Sale Sale, and in any event prior to any further Subsequent Sales. Upon the written request of the Company, the foregoing 90 and 60 calendar day periods will each be extended for one additional period of 15 calendar days; any further extensions will be subject to the mutual agreement of the Company and the Investor. The Company shall ensure that all each Registration Statements Statement and any amendments thereto remain in effect for a period ending 180 days following until the later of (1) a period ending 1 day following the date of expiration of the Incentive Warrant Exercise Period (as such term is defined in the Incentive Warrant) if the Incentive Warrant has not been exercised in full and if such Registration Statement covers the Warrant Shares issuable under such Incentive Warrant, and (2) the date all the Registrable Securities covered by such Registration Statement and issued or issuable to the Investor pursuant to the Stock Purchase Agreement may be sold by the Investor without registration and without any time, volume or manner limitations pursuant to Rule 144(k) (or any similar provision then in effect) under the Securities ActAct or have otherwise been sold; provided PROVIDED that such period shall be extended one day for each day after the applicable Effective Date that any Registration Statement covering Registrable Securities is not effective during the period such Registration Statement is required to be effective pursuant to this Agreement; and provided further that the Company shall not be required to ensure that any Registration Statement covering Registrable Securities remain in effect for such period if the shares registered thereunder shall have become freely tradable pursuant to Rule 144(k) of the Securities Act as such Rule may be amended from time to time, or have otherwise been sold.

Effectiveness of the Registration Statements. The following -------------------------------------------- conditions for effectiveness shall apply to the Registration Statements required to be filed by the Company with the SEC pursuant to paragraph (a) above, without limiting the Company's obligation to file such Registration Statements. The Company shall use its best efforts: (i) to have the First Registration Statement declared effective by the SEC in no event later than 120 90 calendar days after the Closing Date relating to the First Sale Initial Convertible Note, and (ii) to have each Subsequent Registration Statement declared effective by the SEC in no event later than 60 calendar days after the Closing Date relating to each Unregistered Sale Sale, and in any event prior to any further Subsequent Sales. The Company shall ensure that all each Registration Statements Statement and any amendments thereto remain in effect for a period ending 180 days following until the later of (1) one day following the date of expiration of the Incentive Warrant Exercise Period for the Initial Incentive Warrant (as such term is defined in the Initial Incentive Warrant) or, if the Subsequent Incentive Warrant has been issued, one day following the date of expiration of the Incentive Warrant Exercise Period for the Subsequent Incentive Warrant (as such term is defined in the Subsequent Incentive Warrant), if such Incentive Warrant has not been exercised in full and if such Registration Statement covers the Warrant Shares issuable under such Incentive Warrant, and (2) the date all the Registrable Securities covered by such Registration Statement and issued or issuable to the Investor pursuant to the Stock Securities Purchase Agreement Agreement, the Convertible Notes and the Warrants may be sold by the Investor without registration and without any time, volume or manner limitations pursuant to Rule 144(k) (or any similar provision then in effect) under the Securities ActAct or have otherwise been sold; provided that such period shall be extended one day for ------ each day after the applicable Effective Date that any Registration Statement covering Registrable Securities is not effective during the period such Registration Statement is required to be effective pursuant to this Agreement; and provided further that the Company shall not be required to ensure that any Registration Statement covering Registrable Securities remain in effect for such period if the shares registered thereunder shall have become freely tradable pursuant to Rule 144(k) of the Securities Act as such Rule may be amended from time to time, or have otherwise been sold.

Effectiveness of the Registration Statements. The following conditions for effectiveness shall apply to the Registration Statements required to be filed by the Company with the SEC pursuant to paragraph (a) above, without limiting the Company's obligation to file such Registration Statements. The Company shall use its best efforts: (i) to have the First Registration Statement declared effective by the SEC in no event later than 120 calendar days after the Closing Date relating to the First Sale Sale, and (ii) to have each Subsequent Registration Statement declared effective by the SEC in no event later than 60 calendar days after the Closing Date relating to each Unregistered Sale Sale, and in any event prior to any further Subsequent Sales. The Company shall ensure that all Registration Statements and any amendments thereto remain in effect for a period ending 180 days following the later of (1) the date of expiration of the Incentive Warrant Exercise Period (as such term is defined in the Incentive Warrant) if the Incentive Warrant has not been exercised in full and (2) the date all Registrable Securities issued or issuable to the Investor pursuant to the Stock Purchase Agreement may be sold by the Investor without registration and without any time, volume or manner limitations pursuant to Rule 144(k) (or any similar provision then in effect) under the Securities Act; provided that such period shall be extended one day for each day after the applicable Effective Date that any Registration Statement covering Registrable Securities is not effective during the period such Registration Statement is required to be effective pursuant to this Agreement; and provided further that the Company shall not be required to ensure that any Registration Statement covering Registrable Securities remain in effect for such period if the shares registered thereunder shall have become freely tradable pursuant to Rule 144(k) of the Securities Act as such Rule may be amended from time to time, or have otherwise been sold.

Effectiveness of the Registration Statements. The following conditions for effectiveness shall apply to the Registration Statements required to be filed by the Company with the SEC pursuant to paragraph (a) above, without limiting the Company's obligation to file such Registration Statements. The Company shall use its best efforts: (i) to have the First Registration Statement declared effective by the SEC in no event later than 120 90 calendar days after the Closing Date relating to the First Sale Sale, and (ii) to have each Subsequent Registration Statement declared effective by the SEC in no event later than 60 calendar days after the Closing Date relating to each Unregistered Sale Sale, and in any event prior to any further Subsequent Sales. The Company shall ensure that all Registration Statements and any amendments thereto remain in effect for a period ending 180 days following the later of (1) the date of expiration of the Incentive Warrant Exercise Period (as such term is defined in the Incentive Warrant) if the Incentive Warrant has not been exercised in full and (2) the date all Registrable Securities issued or issuable to the Investor pursuant to the Stock Purchase Agreement may be sold by the Investor without registration and without any time, volume or manner limitations pursuant to Rule 144(k) (or any similar provision then in effect) under the Securities Act; provided that such period shall be extended one day for each day after the applicable Effective Date that any Registration Statement covering Registrable Securities is not effective during the period such Registration Statement is required to be effective pursuant to this Agreement; and provided further that the Company shall not be required to ensure that any Registration Statement covering Registrable Securities remain in effect for such period if the shares registered thereunder shall have become freely tradable pursuant to Rule 144(k) of the Securities Act as such Rule may be amended from time to time, or have otherwise been sold.