Common use of Eligibility to use Form S-3 Clause in Contracts

Eligibility to use Form S-3. The conditions for use of Form S-3 in connection with the offer and sale of the Shares, as set forth in the General Instructions thereto, have been satisfied.

Appears in 12 contracts

Samples: Placement Agent Agreement (Cadiz Inc), Underwriting Agreement (Identiv, Inc.), Underwriting Agreement (Napco Security Technologies, Inc)

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Eligibility to use Form S-3. The conditions for use of Form S-3 in connection with the offer and sale of the SharesSecurities, as set forth in the General Instructions thereto, have been satisfied.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Cadiz Inc), Purchase Agreement (Liqtech International Inc), Purchase Agreement (Liqtech International Inc)

Eligibility to use Form S-3. The conditions for use of Form S-3 S‑3, in connection with the offer and sale of the SharesSecurities, as set forth in the General Instructions thereto, have been satisfied.

Appears in 7 contracts

Samples: Underwriting Agreement (Liqtech International Inc), Underwriting Agreement (Heritage Global Inc.), Purchase Agreement (RiceBran Technologies)

Eligibility to use Form S-3. The conditions for use of Form S-3 in connection with the offer and sale of the Placement Shares, as set forth in the General Instructions thereto, have been satisfied.

Appears in 4 contracts

Samples: Placement Agent Agreement (Cadiz Inc), Cadiz Inc, Cadiz Inc

Eligibility to use Form S-3. The conditions for use of Form S-3 S-3, in connection with the offer and sale of the SharesSecurities, as set forth in the General Instructions thereto, including General Instruction I.B.1, have been satisfied.

Appears in 4 contracts

Samples: Underwriting Agreement (Microvision, Inc.), Underwriting Agreement (Microvision, Inc.), Underwriting Agreement (Microvision, Inc.)

Eligibility to use Form S-3. The conditions for use of Form S-3 in connection with the offer and sale of the Shares, as set forth in the General Instructions thereto, including General Instruction I.B.1., have been satisfied.

Appears in 2 contracts

Samples: Common Stock (DZS Inc.), Underwriting Agreement (DZS Inc.)

Eligibility to use Form S-3. The conditions for use of Form S-3 S-3, in connection with the offer and sale of the SharesSecurities, as set forth in the General Instructions thereto, have been satisfied.

Appears in 2 contracts

Samples: Underwriting Agreement (K2m Group Holdings, Inc.), Underwriting Agreement (K2m Group Holdings, Inc.)

Eligibility to use Form S-3. The conditions for the Company’s use of Form S-3 S-3, in connection with the offer and sale of the SharesSecurities, as set forth in the General Instructions thereto, have been satisfied.

Appears in 2 contracts

Samples: Purchase Agreement (Ari Network Services Inc /Wi), Purchase Agreement (Orion Energy Systems, Inc.)

Eligibility to use Form S-3. The conditions for use of Form S-3 S-3, in connection with the offer and sale of the Shares, as set forth in the General Instructions thereto, have been satisfied.

Appears in 2 contracts

Samples: Underwriting Agreement (Immucell Corp /De/), Underwriting Agreement (Immucell Corp /De/)

Eligibility to use Form S-3. The conditions for use of Form S-3 in connection with the offer and sale of the Shares, as set forth in the General Instructions thereto, have been satisfied.

Appears in 1 contract

Samples: Underwriting Agreement (Netlist Inc)

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Eligibility to use Form S-3. The conditions for use of Form S-3 in connection with the offer and sale of the SharesS‑3, as set forth in the General Instructions thereto, have been satisfiedsatisfied with respect to the sale of the Securities to the several Underwriters pursuant to this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (aTYR PHARMA INC)

Eligibility to use Form S-3. The conditions for use of Form S-3 S-3, in connection with the offer and sale of the SharesSecurities, as set forth in the General Instructions thereto, including General Instruction I.B.6, have been satisfied.

Appears in 1 contract

Samples: Underwriting Agreement (Diversified Restaurant Holdings, Inc.)

Eligibility to use Form S-3. The conditions for use of Form S-3 S-3, in connection with the offer and sale of the SharesSecurities, as set forth in the General Instructions thereto, including General Instruction I.B.1., have been satisfied.

Appears in 1 contract

Samples: Underwriting Agreement (Chembio Diagnostics, Inc.)

Eligibility to use Form S-3. The conditions for use of Form S-3 S‑3, in connection with the offer and sale of the SharesSecurities, as set forth in the General Instructions thereto, have been satisfied.

Appears in 1 contract

Samples: Purchase Agreement (K2m Group Holdings, Inc.)

Eligibility to use Form S-3. The conditions for use of Form S-3 S3, in connection with the offer and sale of the SharesSecurities, as set forth in the General Instructions thereto, have been satisfied.

Appears in 1 contract

Samples: Underwriting Agreement (Phunware, Inc.)

Eligibility to use Form S-3. The conditions for use of Form S-3 S-3, in connection with the offer and sale of the SharesSecurities, as set forth in the General Instructions thereto, have been satisfied.. ​

Appears in 1 contract

Samples: Underwriting Agreement (Full House Resorts Inc)

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