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

Eligibility to use Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Investors of the Registrable Securities. The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 7 contracts

Samples: Registration Rights Agreement (Magnetek Inc), Registration Rights Agreement (Dyntek Inc), Registration Rights Agreement (Sonus Pharmaceuticals Inc)

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Eligibility to use Form S-3. The Company represents and warrants that that, as of the date of this Agreement, it meets the requirements for the use of Form S-3 for registration of the sale resale by the Investors of the Registrable Securities. The Company , and it will file all reports required use its reasonable best efforts to be filed by continue to meet such requirements during the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3Registration Period.

Appears in 3 contracts

Samples: Registration Rights Agreement (Tower Automotive Inc), Registration Rights Agreement (Daisytek International Corporation /De/), Registration Rights Agreement (Tower Automotive Inc)

Eligibility to use Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Investors Investor of the Registrable Securities. The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 3 contracts

Samples: Registration Rights Agreement (Schering Berlin Venture Corp), Registration Rights Agreement (Sonus Pharmaceuticals Inc), Registration Rights Agreement (Novoste Corp /Fl/)

Eligibility to use Form S-3. The Company represents and warrants that it meets currently meets, and will use its reasonable best efforts to continue to meet, the "registrant eligibility" requirements for a secondary offering set forth in the use of general instructions to Form S-3 for to enable the registration of the sale by the Investors of the Registrable Securities. The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Midwest Express Holdings Inc), Registration Rights Agreement (Midwest Express Holdings Inc)

Eligibility to use Form S-3. The Company represents and warrants that --------------------------- it meets the requirements for the use of Form S-3 for registration of the sale by the Investors of the Registrable Securities. The Company will use its commercially reasonable efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Greater Bay Bancorp), Registration Rights Agreement (Greater Bay Bancorp)

Eligibility to use Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale resale by the Investors of the Registrable Securities. The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Delphax Technologies Inc), Registration Rights Agreement (Parlex Corp)

Eligibility to use Form S-3. The Company represents and warrants that --------------------------- that, as of the date of this Agreement, it meets the requirements for the use of Form S-3 for registration of the sale resale by the Investors of the Registrable Securities. The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Aksys LTD)

Eligibility to use Form S-3. The Company represents and warrants that it meets currently meets, and will use its reasonable best efforts to continue to meet, the “registrant eligibility” requirements for a secondary offering and the requirements for to register the use of Form S-3 for registration of the sale by the Investors resale of the Registrable Securities. The Company will file all reports required , as set forth in the general instructions to be filed by Form S-3 to enable the Company with registration of the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3Registrable Securities.

Appears in 1 contract

Samples: Registration Rights Agreement (Icop Digital, Inc)

Eligibility to use Form S-3. The Company represents and warrants that that, as of the date of this Agreement, it meets the requirements for the use of Form S-3 for registration of the sale resale by the Investors of the Registrable Securities. The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Aksys LTD)

Eligibility to use Form S-3. The Company Corporation represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Investors Purchaser of the Registrable SecuritiesShares. The Company Corporation will file all reports required to be filed by the Company Corporation with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Stock Purchase Agreement (Odetics Inc)

Eligibility to use Form S-3. The Company represents and warrants that that, --------------------------- as of the date of this Agreement, it meets the requirements for the use of Form S-3 for registration of the sale resale by the Investors of the Registrable Securities. The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Aksys LTD)

Eligibility to use Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Investors of the Registrable SecuritiesCommon Shares. The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Sonus Pharmaceuticals Inc)

Eligibility to use Form S-3. The Company represents and warrants that it meets currently meets, and will use its reasonable best efforts to continue to meet, the "registrant eligibility" requirements for a secondary offering and the requirements for to register the use of Form S-3 for registration of the sale by the Investors resale of the Registrable Securities. The Company will file all reports required , as set forth in the general instructions to be filed by Form S-3 to enable the Company with registration of the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3Registrable Securities.

Appears in 1 contract

Samples: Registration Rights Agreement (Faro Technologies Inc)

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Eligibility to use Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Investors Holders of the Registrable Securities. The Company will file all reports required to be filed by the Company with the SEC Commission in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Maui Land & Pineapple Co Inc)

Eligibility to use Form S-3. The Company represents and warrants that it meets currently meets, and will use its reasonable best efforts to continue to meet, the "registrant eligibility" requirements for a secondary offering set forth in the use of general instructions to Form S-3 for to enable the registration of the sale by Registrable Securities (as defined in the Investors of the Registrable Securities. The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3Registration Rights Agreement).

Appears in 1 contract

Samples: Registration Rights Agreement (Midwest Express Holdings Inc)

Eligibility to use Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale resale by the Investors of the Registrable Securities. The Company will use its best efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Flotek Industries Inc/Cn/)

Eligibility to use Form S-3. The Company represents and warrants that that, --------------------------- as of the date of this Agreement, it meets the requirements for the use of Form S-3 for registration of the sale by the Investors resale of the Registrable Securities. The Company will file all reports required to be filed Securities by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3holders thereof.

Appears in 1 contract

Samples: Registration Rights Agreement (Aksys LTD)

Eligibility to use Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale resale by the Investors of the Registrable SecuritiesSecurities that are referred to in Section 2.1(a). The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Delphax Technologies Inc)

Eligibility to use Form S-3. The Company represents and warrants that it currently meets the requirements for the use of Form S-3 for registration of the sale by the Investors of the Registrable Securities. The Company will use its best efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Adatom Com Inc)

Eligibility to use Form S-3. The Company represents and warrants that that, as of the date of this Agreement, it meets the requirements for the use of Form S-3 for registration of the sale resale by the Investors of the Registrable Securities. The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Aksys LTD)

Eligibility to use Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale resale by the Investors BankFirst of the Registrable SecuritiesSecurities that are referred to in Section 2.1(a). The Company will file all reports required to be filed by the Company with the SEC in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Samples: Escrow Agreement (Bancorp, Inc.)

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