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

Eligibility to use Form S-3. The Company is eligible to use Form S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offerings.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Solexa, Inc.), Securities Purchase Agreement (Metabasis Therapeutics Inc), Securities Purchase Agreement (Aradigm Corp)

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Eligibility to use Form S-3. The Company is currently eligible to use Form S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offeringsSecurities.

Appears in 2 contracts

Samples: Shares Purchase Agreement (Insignia Solutions PLC), Shares Purchase Agreement (Insignia Solutions PLC)

Eligibility to use Form S-3. The Company is eligible to use Form S-3 for the registration of its securities under the Securities Act which are and the offering and sale of the Securities will comply with the transaction requirements with respect to the aggregate market value of securities that may be offered and sold during the twelve (12) months prior to this offering, as set forth in transactions involving secondary offeringsGeneral Instruction I.B.6 of Form S-3.

Appears in 1 contract

Samples: Underwriting Agreement (Aziyo Biologics, Inc.)

Eligibility to use Form S-3. The Except as set forth on Schedule 3.13, the Company is eligible to use Form Forms S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offeringsofferings for the account of a Person other than the Company.

Appears in 1 contract

Samples: Investment Agreement (Daleen Technologies Inc)

Eligibility to use Form S-3. The Company is eligible to use Form S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offerings.

Appears in 1 contract

Samples: Securities Purchase Agreement (U.S. Auto Parts Network, Inc.)

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Eligibility to use Form S-3. The Company is currently meets all of the requirements to be eligible to use Form S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offerings.

Appears in 1 contract

Samples: Securities Purchase Agreement (Favrille Inc)

Eligibility to use Form S-3. The Company is eligible to use Form S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offerings, subject to any limitation on the number of securities registered in the event the SEC deems such registration statement to constitute a primary offering of securities by the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Metabasis Therapeutics Inc)

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