Common use of Filing of Form 8-K and Registration Statement Clause in Contracts

Filing of Form 8-K and Registration Statement. The Company agrees that, if applicable, it shall, within the time required under the 1934 Act file a Report on Form 8-K disclosing this Agreement and the transaction contemplated hereby. The Company shall also file within thirty (30) Business Days from the date hereof a new registration statement covering only the sale of the Commitment Shares and up to 8,000,000 Purchase Shares in accordance with the terms of the Amended and Restated Registration Rights Agreement between the Company and the Buyer, dated as of the date hereof (“Registration Rights Agreement”). After such registration statement is declared effective by the SEC, the Company agrees and acknowledges that any sales by the Company to the Buyer pursuant to this Agreement are sales of the Company’s equity securities in a transaction that is registered under the 1933 Act.

Filing of Form 8-K and Registration Statement. The Company agrees that, if applicable, that it shall, within the time required under the 1934 Act file a Report on Form 8-K disclosing this Agreement and the transaction contemplated hereby. The Company shall also file within on or before thirty days (30) Business Days from following the date hereof the Company’s S-1 Registration Statement filed on October 29, 2005 is declared effective by the SEC, a new registration statement covering only the sale of the Commitment Shares and up to 8,000,000 at least 2,750,000 Purchase Shares in accordance with the terms of the Amended and Restated Registration Rights Agreement between the Company and the Buyer, dated as of the date hereof (“Registration Rights Agreement”). After such registration statement is declared effective by the SEC, the Company agrees and acknowledges that any sales by the Company to the Buyer pursuant to this Agreement are sales of the Company’s equity securities in a transaction that is registered under the 1933 Act.

Filing of Form 8-K and Registration Statement. The Company agrees that, if applicable, that it shall, within the time required under the 1934 Act file a Report on Form 8-K disclosing this Agreement and the transaction contemplated hereby. The Company shall also file a new registration statement within thirty ten (3010) Business Days from the filing date hereof a new registration statement of its next Annual Report on Form 10-K or Form 10-KSB filed by the Company with the SEC covering only the sale of the Commitment Shares and up to 8,000,000 Purchase Shares in accordance with the terms of the Amended and Restated Registration Rights Agreement between the Company and the Buyer, dated as of the date hereof (“Registration Rights Agreement”). After such registration statement is declared effective by the SEC, the Company agrees and acknowledges that any sales by the Company to the Buyer pursuant to this Agreement are sales of the Company’s 's equity securities in a transaction that is registered under the 1933 Act.