Common use of Form S-3 Eligibility Clause in Contracts

Form S-3 Eligibility. The Company is not eligible to register the resale of the Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Imageware Systems Inc), Securities Purchase Agreement (Biovest International Inc), Securities Purchase Agreement (Imageware Systems Inc)

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Form S-3 Eligibility. The Company is not currently eligible to register the resale of the Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mechanical Technology Inc), Securities Purchase Agreement (Glimpse Group, Inc.)

Form S-3 Eligibility. The Company is not eligible to register the resale of the Underlying Shares for resale by the Purchaser Purchasers on Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Titan Environmental Solutions Inc.), Securities Purchase Agreement (SmartKem, Inc.)

Form S-3 Eligibility. The Company is not currently eligible to register the resale of the Underlying Shares for resale by the each Purchaser on Form S-3 promulgated under the Securities Act, but will use commercially reasonable efforts to become Form S-3 eligible as promptly as practicable.

Appears in 1 contract

Samples: Securities Purchase Agreement (MCF Corp)

Form S-3 Eligibility. The Company is not currently eligible to register the resale of the Underlying Shares Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mobile Global Esports, Inc.)

Form S-3 Eligibility. The Company is not eligible to register the resale of the Underlying that number of Warrant Shares permitted by Commission rules and guidance for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Independence Energy Corp.)

Form S-3 Eligibility. The Company is not eligible to register the resale of the Underlying Shares Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Genprex, Inc.)

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Form S-3 Eligibility. The Purchaser acknowledges that the Company is not presently eligible to register the resale of the Underlying Shares securities for resale by the Purchaser on under Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Cimnet Inc/Pa)

Form S-3 Eligibility. The Company is not currently eligible to register the resale of the Underlying Shares for resale by the Purchaser on using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (PHC Inc /Ma/)

Form S-3 Eligibility. The Company is not eligible to -------------------- register the resale of the Underlying Shares for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Applied Digital Solutions Inc)

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