Common use of Not an Ineligible Issuer Clause in Contracts

Not an Ineligible Issuer. (A) (i) At the time of filing the Registration Statement and (ii) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act or form of prospectus), the Company was not an “ineligible issuer” as defined in Rule 405 of the Act; and (B) (i) at the time of filing of the Registration Statement, (ii) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) under the Act) of the Shares and (iii) at the date hereof, the Company was not and is not an “ineligible issuer” as defined in Rule 405 under the Act.

Not an Ineligible Issuer. (A) (i) At the time of filing the Registration Statement and (ii) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act or form of prospectus), the Company was not an “ineligible issuer” as defined in Rule 405 of the Securities Act; and (B) (i) at the time of filing of the Registration Statement, (ii) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) under the Securities Act) of the Shares Securities and (iii) at the date hereof, the Company was not and is not an “ineligible issuer” as defined in Rule 405 under the Securities Act.

Not an Ineligible Issuer. (A) (i) At the time of filing the Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendment thereto, (iiB) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange 1934 Act or form of prospectus), the Company was not an “ineligible issuer” as defined in Rule 405 of the Act; and (B) (i) at the time of filing of the Registration Statement, (iiC) at the earliest time thereafter after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) under the Act0000 Xxx) of the Shares and (iii) at as of the date hereof, and (D) as of the Applicable Time, the Company was not and nor is not an “ineligible issuer” (as defined in Rule 405 under the Act1933 Act (“Rule 405”)).

Not an Ineligible Issuer. (A) (i) At the time of filing the Registration Statement and Statement, (iiB) at the time of each subsequent amendment to the most recent amendment thereto Registration Statement for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange 1934 Act or form of prospectus), and (C) at the date hereof, the Company was not an “ineligible issuer” as defined in Rule 405 of the Act; and 1933 Act Regulations (B) (i) at the time of filing of the Registration Statement, (ii) at “Rule 405”). At the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) under of the Act1933 Act Regulations) of the Shares and (iii) at the date hereofSecurities, the Company was not and nor is not it an “ineligible issuer” (as defined in Rule 405 under the Act405).

Not an Ineligible Issuer. (A) (i) At the time of filing the Registration Statement and (ii) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act or form of prospectus), the Company was not an “ineligible issuer” as defined in Rule 405 of the Securities Act; and (B) (i) at the time of filing of the Registration Statement, (ii) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) under the Securities Act) of the Shares Units and (iii) at the date hereof, the Company was not and is not an “ineligible issuer” as defined in Rule 405 under the Securities Act.

Not an Ineligible Issuer. (A) (i) At the time of filing the Registration Statement, any Rule 462(b) Registration Statement and any post-effective amendment thereto, (iiB) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange 1934 Act or form of prospectus), the Company was not an “ineligible issuer” as defined in Rule 405 of the Act; and (B) (i) at the time of filing of the Registration Statement, (iiC) at the earliest time thereafter after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) under the Act0000 Xxx) of the Shares and (iii) at Securities as of the date hereof, and (D) as of the Applicable Time, the Company was not and nor is not an “ineligible issuer” (as defined in Rule 405 under the Act.1933 Act (“Rule 405”));