Form 10. Amend, make additions to or otherwise modify the Form 10 on or after the Closing Date in a manner that could reasonably be expected to be adverse to any material interest of the Administrative Agent or the Lenders (unless approved by the Required Lenders, notwithstanding the provisions of Section 10.01 to the contrary, such approval not to be unreasonably conditioned, withheld or delayed); provided that the termination or withdrawal of the Form 10 without the consummation of the Spinoff shall not, without more, be adverse to any material interests of the Lenders.
Form 10. The financial information concerning the Branded Apparel Business and the Borrower and its Subsidiaries and the management, corporate and legal structure of the Borrower and each of the Subsidiary Guarantors contained in the Borrower’s Form 10 filed with the Securities and Exchange Commission in connection with the Spin-Off, including all amendments and modifications thereto, shall be consistent in all material respects with the information previously provided to the Lead Arrangers and the other Lenders.
Form 10. Thermo Electron and Viasys have prepared, and Viasys has filed with the Commission, the Form 10, which includes the Information Statement, setting forth appropriate disclosure concerning Viasys, the Distribution and any other appropriate matters required to be stated therein. Thermo Electron and Viasys shall use their respective reasonable efforts to cause the Form 10 to become effective under the Exchange Act as promptly as reasonably practicable, and thereafter Thermo Electron or its agent shall promptly mail the Information Statement to all of the appropriate holders of Thermo Electron Common Stock.
Form 10. Monopar shall exert its commercially reasonable best efforts to cause to be filed with the Securities and Exchange Commission (the “SEC”), under the Securities Exchange Act of 1934 (the “1934 Act”), a registration statement on Form 10 (or another appropriate form), to register Monopar’s shares of common stock, $0.001 par value per share, within ninety (90) days after the Effective Date.
Form 10. “Form 10” has the meaning set forth in the Recitals hereof.
Form 10. The Form 10 shall have become effective in accordance with the Exchange Act and shall not be subject to any stop order or proceeding seeking a stop order.
Form 10. The Form 10 shall have become effective under the Securities Act and no stop order suspending the effectiveness of the Form 10 shall have been issued and no proceeding for that purpose shall have been initiated or threatened in writing by the SEC or its staff and not withdrawn.
Form 10. The SEC shall have declared effective the Form 10, of which the Information Statement forms a part, and no order terminating the registration of the Common Stock under the Exchange Act will be in effect, no Proceeding seeking to terminate such registration shall be pending before or threatened by the SEC, and distribution of the Information Statement (or the Notice of Internet Availability of the Information Statement if permitted as a means of delivery under applicable Legal Requirements) shall have been commenced to Registered Holders of Alliqua Common Stock; and
Form 10. The Company shall use its reasonable best efforts to file with the SEC a Form 10 registration statement as soon as practicable but in any event within thirty (30) days following the closing of the sale of shares of Series B Preferred Stock pursuant to the Purchase Agreement. Notwithstanding the foregoing, the Company may withdraw the Form 10 registration statement prior to the 60th day after the filing of the Form 10 registration statement if the SEC Clearance Date is not expected to occur within sixty-five (65) days after the filing of the Form 10 registration statement and the Board of Directors, including at least two of the Designees, for so long as two of the Major Investors remain eligible to designate Designees, determines that it would be detrimental to the Company and its stockholders for the Form 10 registration statement to become effective prior to the SEC Clearance Date. In such event, the Company shall re-file the Form 10 registration statement as soon as practicable after any such withdrawal.
Form 10. The Administrative Agent shall have received (A) the Form 10, (B) the Separation Documents, in form and substance reasonably satisfactory to the Lead Arrangers (it being agreed that the form of Separation Documents filed as Exhibits to the Form 10 on or prior to the Closing Date are reasonably satisfactory to the Lead Arrangers), and (C) all financial statements required to be included in the Form 10.
