Common use of Form S-3 Eligibility Clause in Contracts

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 13 contracts

Samples: Securities Purchase Agreement (Adcare Health Systems Inc), Securities Purchase Agreement (Adcare Health Systems Inc), Securities Purchase Agreement (International Assets Holding Corp)

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Form S-3 Eligibility. The Company is eligible to register the Conversion Shares and the Warrant Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Us Dataworks Inc), Securities Purchase Agreement (Agfeed Industries, Inc), Securities Purchase Agreement (Cash Systems Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares, the Warrant Shares and the Interest Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Corvis Corp), Securities Purchase Agreement (Microvision Inc), Securities Purchase Agreement (Maxwell Technologies Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares, the Interest Shares and the Warrant Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Verenium Corp), Securities Purchase Agreement (Image Entertainment Inc), Securities Purchase Agreement (Javo Beverage Co Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares and the Interest Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Internet Capital Group Inc), Securities Purchase Agreement (Spatialight Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Warrant Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Hythiam Inc), Securities Purchase Agreement (Iparty Corp)

Form S-3 Eligibility. The Company is eligible to register the Conversion Common Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Firepond, Inc.), Stock Purchase Agreement (Hyperdynamics Corp)

Form S-3 Eligibility. The Company is eligible to register the Purchased Shares, Conversion Shares, the Warrant Shares and the Interest Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Microvision Inc), Securities Purchase Agreement (Microvision Inc)

Form S-3 Eligibility. The Company is eligible to register the Notes and the Conversion Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Smith & Wesson Holding Corp), Securities Purchase Agreement (Vector Group LTD)

Form S-3 Eligibility. The Company is eligible to register the Series AA Preferred and Conversion Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Act Teleconferencing Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares and the Warrant Shares for resale by the Buyers Purchaser using Form S-3 promulgated under the 1933 Act0000 Xxx.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stockeryale Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion resale of the Common Shares and Warrant Shares for resale by the Buyers using on Form S-3 promulgated under the 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Amerityre Corp)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares, Interest Shares and the Warrant Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Millennium Cell Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares, the Warrant Shares and the Interest Shares for resale by the Buyers Buyer using Form S-3 promulgated under the 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Daystar Technologies Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act0000 Xxx.

Appears in 1 contract

Samples: Securities Purchase Agreement (NPS Pharmaceuticals Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares, Dividend Shares and the Warrant Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Millennium Cell Inc)

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Form S-3 Eligibility. The Company is eligible to register the Conversion Shares for resale by the Buyers using Purchasers under Form S-3 promulgated under the 1933 Securities Act.

Appears in 1 contract

Samples: Registration Rights Agreement (Targa Resources Corp.)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares, the Interest Shares and the Warrant Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act (subject to cutbacks pursuant to Rule 415 promulgated under the 1933 Act, which are contemplated in the Registration Rights Agreement).

Appears in 1 contract

Samples: Securities Purchase Agreement (General Steel Holdings Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Adcare Health Systems Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares and Warrant Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Avanex Corp)

Form S-3 Eligibility. The Company is eligible to register the Conversion Closing Shares for resale by the Buyers Purchaser using Form S-3 promulgated under the 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stockeryale Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Shares, the Dividend Shares and the Warrant Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (China Direct, Inc)

Form S-3 Eligibility. The Company is eligible to register the Conversion Purchased Shares and Warrant Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Avanex Corp)

Form S-3 Eligibility. The As of the date hereof, the Company is eligible to register the Conversion Shares and Warrant Shares for resale by the Buyers Purchaser using Form S-3 promulgated under the 1933 Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Blue Coat Systems Inc)

Form S-3 Eligibility. The Company is eligible to register the Notes, Warrants, Conversion Shares and the Warrant Shares for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Wet Seal Inc)

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