Common use of Form S-3 Eligibility Clause in Contracts

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale its Common Stock by the Purchaser on Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities its Common Stock for resale by the Purchaser on Purchasers using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities securities for resale by with the Purchaser on Commission under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale its Common Stock by the Purchaser on Purchasers under Form S-3 promulgated under the Securities ActAct and the Company hereby covenants and agrees to use its best efforts to maintain its eligibility to use Form S-3 until the Registration Statement covering the resale of the Shares shall have been filed with, and declared effective by, the Commission.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Warrant Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Shares for resale by the Purchaser on Purchasers using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities that number of Underlying Shares permitted by Commission rules and guidance for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities securities for resale by the Purchaser on under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the for resale of the Securities its Common Stock for resale by the Purchaser on Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Conversion Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser on under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Investor using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser Investor on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Shares for resale by the Purchaser Purchasers on Form S-3 S- 3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities ActAct as contemplated by the Registration Rights Agreement.

Form S-3 Eligibility. The Company is eligible to register the resale of the Registrable Securities for resale (as defined in Section 7.1) acquired by the Purchaser on Investors under Form S-3 promulgated under the Securities Act0000 Xxx.

Form S-3 Eligibility. The Company is eligible to register the resale of Underlying Securities and the Securities Warrant Shares for resale by the Purchaser on Purchasers using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.. (mm)

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities -------------------- Shares for resale by the Purchaser on under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Common Warrant Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible meets the eligibility requirements to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is as of the date of this Agreement eligible to register the resale of the Securities Warrant Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale Seller Shares acquired by the Purchaser on Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The As of the date hereof, the Company is eligible to register the resale of the Purchased Securities for resale by the Purchaser on Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Shares and the Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities ActAct pursuant to General Instruction I.B.3 of Form S-3.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Conversion Shares and the Warrant Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is shall be eligible to register the resale of the Securities securities for resale by the Purchaser on under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities its Common Stock for resale by the Purchaser on Purchasers under Form S-3 promulgated under the Securities ActAct (or if the Company is not eligible for the use of Form S-3, the Company may use the form of registration for which it is eligible at that time).

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares and the Warrant Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser on under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities ActAct or has obtained any necessary non-objection assurances from the Commission to permit it to use Form S-3.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company reasonably believes that it is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act, subject to any cutback limitations that may be imposed under Rule 415 as contemplated by Section 2(b) of the Registration Rights Agreement.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser on Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Registrable Securities for resale (as defined in the Registration Rights Agreement) acquired by the Purchaser on Investors under Form S-3 promulgated under the Securities 1933 Act.

Form S-3 Eligibility. The Company is presently not eligible to register the resale of the Securities for resale by the Purchaser Investor on Form S-3 promulgated under the Securities Act till August 2008 and therefore will register the resale of the Securities for resale on Form S-1 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.. (cc)

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Warrant Shares for resale by the Purchaser on Warrantholder using Form S-3 promulgated under the Securities ActAct pursuant to the terms and conditions contained in the Registration Rights Agreement.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Exchanged Debentures and the Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser on Purchasers under Form S-3 promulgated under the Securities Act.. Article IV

Form S-3 Eligibility. The Company is currently eligible to register the resale of the Securities Ordinary Warrants for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Conversion Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Warrant Shares for resale by the Purchaser on Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Registrable Securities for resale (as defined in the Registration Rights Agreement) by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale Underlying Shares by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Underlying Securities for resale by the Purchaser on Purchasers using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Shares for resale by the Purchaser on under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to -------------------- register the resale of the Securities Shares for resale by the Purchaser on under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The To the Company’s knowledge, the Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities ActAct as required by Section 4.18 below.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act, it being understood that the Company is under no obligation to so register the Securities.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Exchange Shares for resale by the Purchaser on using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible as of the date hereof to register the resale of the Securities Underlying Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser Investor on Form S-3 promulgated under the Securities Act and will register the resale of the Securities for resale on either Form S-1 or Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Series A Warrant Shares and the Conversion Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company reasonably believes that, on the date of this Agreement, it is eligible to register the resale of the Securities Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act; provided, that if any regulatory authority shall advise the Company that it is not so eligible, the Company will be eligible to register the resale of the Shares for resale by the Purchasers on Form S-1 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Registrable Securities for resale acquired by the Purchaser on Investor under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Except as set forth on Schedule 3.1(kk), the Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Buyers using Form S-3 promulgated under the Securities ActAct of 1933, as amended.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Shares for resale by the Purchaser on using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The As of the date hereof, the Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The As of the date of this Agreement, the Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the -------------------- resale of its Common Stock and the Securities Warrant Shares for resale by the Purchaser on Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Subject to the provisions of the Registration Rights Agreement, the Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Shares and the Pre-Funded Warrant Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The As of November 1, 2006, the Company is will be eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Shares and Warrant Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of Warrants and the Securities Warrant Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale Underlying Shares by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The As of the date hereof, the Company is eligible to register the resale of the Securities Shares for resale by the Purchaser on Investor using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to -------------------- register the resale of the Securities its Common Stock for resale by the Purchaser on Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Shares and the Warrant Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser Warrantholder on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser Investors on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on a Form S-3 registration statement promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act, subject to the limitations imposed by Securities Act pertaining to the number of shares of common stock permissible to be so registered thereunder, in which the case the Company may register the Securities for resale by the Purchaser on Form S-1.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.. Exhibit 4.1 (cc)

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities New Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company reasonably believes that is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company reasonably believes that, on the date of this Agreement, it is eligible to register the resale of the Securities Shares and the Warrant Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act; provided, that if any regulatory shall advise the Company that it is not so eligible, the Company will be eligible to register the resale of the Shares and the Warrant Shares for resale by the Purchaser on Form S-1 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.. 266186517 v5

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities its common stock for resale by the Purchaser on Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is shall be eligible to register the resale of the Securities securities for resale by the Purchaser on under Form S-3 promulgated under the Securities Act.;

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser Investor on Form S-3 promulgated under the Securities Act0000 Xxx.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The To the Company’s knowledge, the Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities ActAct as required by the terms of the Registration Rights Agreement.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 or Form S-1 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is or will be eligible to register the resale of the Securities Shares for resale by the Purchaser on Form S-3 or Form S-1 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Securities Shares for resale by the Purchaser on using Form S-3 promulgated under the Securities Act.