Common use of New Shelf Clause in Contracts

New Shelf. If immediately prior to the third anniversary (the “Renewal Deadline”) of the initial effective date of the Registration Statement, any of the Shares remain unsold by the Manager, the Company will, prior to the Renewal Deadline file, if it has not already done so and is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form reasonably satisfactory to the Manager. If the Company is not eligible to file an automatic shelf registration statement, the Company will, prior to the Renewal Deadline, if it has not already done so, file a new shelf registration statement relating to the Shares, in a form reasonably satisfactory to the Manager, and will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Deadline. The Company will take all other action necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated in the expired registration statement. References herein to the “Registration Statement” will include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Appears in 4 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Terms Agreement (Firstmerit Corp /Oh/), Terms Agreement (Firstmerit Corp /Oh/)

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New Shelf. If immediately prior to the third anniversary (the “Renewal Deadline”) of the initial effective date of the Registration Statement, any of the Shares remain unsold by the ManagerUnderwriters, the Company will, will prior to the Renewal Deadline file, if it has not already done so and is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form reasonably satisfactory to the ManagerRepresentatives. If the Company is not no longer eligible to file an automatic shelf registration statement, the Company will, will prior to the Renewal Deadline, if it has not already done so, file a new shelf registration statement relating to the Shares, in a form reasonably satisfactory to the ManagerRepresentatives, and will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Deadline. The Company will take all other action necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated in the expired registration statementstatement relating to the Shares. References herein to the Registration Statement” will Statement shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.. //

Appears in 1 contract

Samples: Underwriting Agreement (Firstmerit Corp /Oh/)

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New Shelf. If immediately prior to the third anniversary (the “Renewal Deadline”) of the initial effective date of the Registration Statement, any of the Shares Offered Securities remain unsold by the Manager, the Company Partnership will, prior to the Renewal Deadline file, if it has not already done so and is eligible to do so, a new automatic shelf registration statement relating to the SharesOffered Securities, in a form reasonably satisfactory to the Manager. If the Company Partnership is not eligible to file an automatic shelf registration statement, the Company Partnership will, prior to the Renewal Deadline, if it has not already done so, file a new shelf registration statement relating to the SharesOffered Securities, in a form reasonably satisfactory to the Manager, and will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Deadline. The Company Partnership will take all other action necessary or appropriate to permit the public offering and sale of the Shares Offered Securities to continue as contemplated in the expired registration statement. References herein to the “Registration Statement” will include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Distribution Agreement (Hi-Crush Partners LP)

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