Common use of Form Used Clause in Contracts

Form Used. The Company shall use its best efforts to maintain eligibility for use of Form S-3 (or any successor form thereto) for the registration of the resale of Registrable Securities. If Form S-3 is not available for the registration of the resale of Registrable Securities pursuant to clauses (a)(i) (Registration Statements; Initial), (a)(ii)(Registration Statements; Additional) or (a)(iv)(Registration Statements; Demand) of Section 1(Registration Statements), the Company shall (i) register the resale of the Registrable Securities on another appropriate form and (ii) undertake to register the Registrable Securities on Form S-3 as soon as such form is available; provided, that the Company shall maintain the effectiveness of the Registration Statement then in effect until such time as a Registration Statement on Form S-3 covering the Registrable Securities has been declared effective by the SEC.

Form Used. The Company shall use its best efforts to maintain eligibility for use of Form S-3 S-1 (or any successor form thereto) for the registration of the resale of Registrable Securities. If Form S-3 S-1 is not available for the registration of the resale of Registrable Securities pursuant to clauses (a)(iSections 1(a)(i) (Registration Statements; Initial), (a)(ii)(Registration 1(a)(ii)(Registration Statements; Additional) or (a)(iv)(Registration 1(a)(iv)(Registration Statements; Demand) of Section 1(Registration Statements), the Company shall (i) register the resale of the Registrable Securities on another appropriate form and (ii) undertake to register the Registrable Securities on Form S-3 as soon as such form is available; provided, that the Company shall maintain the effectiveness of the Registration Statement then in effect until such time as a Registration Statement on Form S-3 covering the Registrable Securities has been declared effective by the SEC.