Common use of Registration Statement Matters Clause in Contracts

Registration Statement Matters. The Company meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Purchased Shares by the Purchasers. Assuming the completion and timely delivery of the Registration Statement Questionnaire by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased Shares.

Appears in 3 contracts

Sources: Common Stock Purchase Agreement (Nutrition 21 Inc), Common Stock Purchase Agreement (Vivus Inc), Common Stock Purchase Agreement (Vivus Inc)

Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Purchased Registrable Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement Questionnaire Statement/Suitability Questionnaire, attached hereto as Appendix I (the “Questionnaire”), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased Registrable Shares.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Armen Garo H), Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Antigenics Inc /De/)

Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Purchased Registrable Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix II (the “Registration Statement Questionnaire Questionnaire”), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased Registrable Shares.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Zix Corp), Securities Purchase Agreement (Zix Corp), Securities Purchase Agreement (Zix Corp)

Registration Statement Matters. The Company meets the eligibility requirements for use of a registration statement on Form S-3 Registration Statement for the resale of the Purchased Shares by the Purchasers. Assuming the completion and timely delivery of the Registration Statement Statement/Suitability Questionnaire (attached hereto as Appendix II) (the "REGISTRATION STATEMENT QUESTIONNAIRE") by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased SharesRegistrable Shares (as defined below).

Appears in 2 contracts

Sources: Securities Purchase Agreement (Stemcells Inc), Securities Purchase Agreement (Biopure Corp)

Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 S-1 Registration Statement for the registration of the resale of the Purchased Registrable Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix II (the “Registration Statement Questionnaire Questionnaire”), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased Registrable Shares.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Ocz Technology Group Inc), Securities Purchase Agreement (Ocz Technology Group Inc)

Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Purchased Registrable Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/ Suitability Questionnaire, attached hereto as Appendix II (the “Registration Statement Questionnaire Questionnaire”), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased Registrable Shares.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Zix Corp), Securities Purchase Agreement (Zix Corp)

Registration Statement Matters. The Company meets the eligibility requirements for use of a registration statement on Form S-3 Registration Statement for the resale of the Purchased Shares by the Purchasers. Assuming the completion and timely delivery of the Registration Statement Questionnaire (attached hereto as Appendix II) (the “Registration Statement Questionnaire”) by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased SharesRegistrable Shares (as defined below).

Appears in 1 contract

Sources: Securities Purchase Agreement (Applied Imaging Corp)

Registration Statement Matters. The Company meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Purchased Shares and the resale of the Underlying Shares by the Purchasers. Assuming the completion and timely delivery to the Company of the Registration Statement Questionnaire attached hereto as Appendix II (the “Registration Statement Questionnaire”) by each Purchaser to the CompanyPurchaser, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased SharesRegistrable Shares (as defined below).

Appears in 1 contract

Sources: Securities Purchase Agreement (Wet Seal Inc)

Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Purchased Shares by the Purchasers. Assuming the completion and timely delivery of the Registration Statement Questionnaire Statement/Suitability Questionnaire, attached hereto as Appendix II (the "REGISTRATION STATEMENT QUESTIONNAIRE"), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased SharesRegistrable Shares (as defined below).

Appears in 1 contract

Sources: Securities Purchase Agreement (Warburg Pincus Investors Lp)

Registration Statement Matters. The Company meets the eligibility requirements for use of a registration statement on Form S-3 Registration Statement S-1 for the resale of the Purchased Shares by the Purchasers. Assuming the completion and timely delivery of the Registration Statement Questionnaire by each Purchaser to the Company, the The Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased Shares.

Appears in 1 contract

Sources: Share Purchase Agreement (Ebix Inc)

Registration Statement Matters. The Company meets the eligibility requirements for use of a registration statement on Form S-3 Registration Statement for the resale of the Purchased Shares by the Purchasers. Assuming the completion and timely delivery of to the Registration Statement Questionnaire Company by each Purchaser to of a Registration Statement/Suitability Questionnaire substantially in the Companyform attached hereto as Appendix II, the Company is not aware of any facts or circumstances that would could reasonably be expected to prohibit or materially delay the preparation and filing of a registration statement with respect to the Purchased SharesRegistrable Shares (as defined below).

Appears in 1 contract

Sources: Securities Purchase Agreement (Hi/Fn Inc)

Registration Statement Matters. The Company meets the eligibility requirements for use of a registration statement on Form S-3 Registration Statement for the resale of the Purchased Shares by the PurchasersPurchaser. Assuming the completion and timely delivery of the Registration Statement Questionnaire (attached hereto as Appendix II) (the “Registration Statement Questionnaire”) by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased SharesRegistrable Shares (as defined below).

Appears in 1 contract

Sources: Securities Purchase Agreement (Agenus Inc)

Registration Statement Matters. The Company meets the eligibility requirements for use of a registration statement on Form S-3 Registration Statement for the resale of the Purchased Shares by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire (attached hereto as Appendix II) (the “Registration Statement Questionnaire Questionnaire”) by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased SharesRegistrable Shares (as defined below).

Appears in 1 contract

Sources: Securities Purchase Agreement (Biopure Corp)

Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Purchased Securities and the Underlying Shares by the PurchasersInvestors. Assuming the completion and timely delivery of the Registration Statement Questionnaire by each Purchaser to the Company, the The Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased Securities and Underlying Shares.

Appears in 1 contract

Sources: Subscription Agreement (Elite Pharmaceuticals Inc /De/)

Registration Statement Matters. The Company meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Purchased Shares and the Warrant Shares by the Purchasers. Assuming the completion and timely delivery of the Registration Statement Questionnaire by each Purchaser to the CompanyCompany pursuant to Section 4(k) hereof, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased Shares or the Warrant Shares.

Appears in 1 contract

Sources: Common Stock and Warrant Purchase Agreement (Physiometrix Inc)

Registration Statement Matters. The Company meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Purchased Shares by the Purchasers. Assuming the completion and timely delivery of the Registration Statement Questionnaire (attached hereto as Appendix II) (the "REGISTRATION STATEMENT QUESTIONNAIRE") by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased SharesRegistrable Shares (as defined below).

Appears in 1 contract

Sources: Securities Purchase Agreement (Globecomm Systems Inc)

Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Purchased Shares by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix II (the "Registration Statement Questionnaire Questionnaire"), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Purchased SharesRegistrable Shares (as defined below).

Appears in 1 contract

Sources: Securities Purchase Agreement (Indus International Inc)