S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 of Form S-3).
Appears in 2 contracts
Samples: Cerus Corp, Dynavax Technologies Corp
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 2 contracts
Samples: Underwriting Agreement (Sequenom Inc), Underwriting Agreement (Vical Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2006 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Conduct Rule 2710(b)(7)(C)(i) of the National Association of Securities Dealers Inc. (the “NASD”).
Appears in 2 contracts
Samples: Placement Agency Agreement (Discovery Laboratories Inc /De/), Placement Agency Agreement (Discovery Laboratories Inc /De/)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).
Appears in 2 contracts
Samples: Underwriting Agreement (Pioneer Drilling Co), Underwriting Agreement (Salix Pharmaceuticals LTD)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).
Appears in 2 contracts
Samples: Underwriting Agreement (Cytori Therapeutics, Inc.), Underwriting Agreement (Radiant Systems Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2014 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 2 contracts
Samples: Underwriting Agreement (La Jolla Pharmaceutical Co), Underwriting Agreement (Cytrx Corp)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2012 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 2 contracts
Samples: Underwriting Agreement (Cytrx Corp), Underwriting Agreement (Acadia Pharmaceuticals Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared became effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2008 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (the “FINRA”).
Appears in 2 contracts
Samples: Underwriting Agreement (Inverness Medical Innovations Inc), Underwriting Agreement (Inverness Medical Innovations Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2010 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Conduct Rule 2710(b)(7)(C)(i) of the Financial Industry Regulatory Authority, Inc. (“FINRA”).
Appears in 1 contract
Samples: Underwriting Agreement (Igate Corp)
S-3 Eligibility. At the time the Registration Statement was originally declared became effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2014 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2005 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 of Form S-3)Act.
Appears in 1 contract
Samples: Underwriting Agreement (Neurocrine Biosciences Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2010 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31June 30, 2009 (the “Annual Report”) 2014 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2011 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (“FINRA”).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2017 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (La Jolla Pharmaceutical Co)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2010 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (Ardea Biosciences, Inc./De)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2017 was filed with the Commission, or, if later, at the time the Registration Statement originally became effective, the Company met the then applicable requirements for use use, or the staff of the Commission notified the Company that they would not object to the use, of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2006 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in NASD Rule 2710(b)(7)(C)(i) of the Financial Industry Regulatory Authority (the “FINRA”).
Appears in 1 contract
Samples: Underwriting Agreement (Inverness Medical Innovations Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K KSB for the year ended December 31, 2009 2006 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company does not meet the requirements for use of Form S-3S-3 under the Securities Act specified in Conduct Rule 2710(b)(7)(C)(i) of the National Association of Securities Dealers Inc. (the “NASD”).
Appears in 1 contract
Samples: Placement Agent Agreement (Lev Pharmaceuticals Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2005 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 of Form S-3)Act.
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s 's Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2005 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Rule 2710(b)(7)(C)(i) of the National Association of Securities Dealers Inc. (the "NASD").
Appears in 1 contract
Samples: Inverness Medical Innovations Inc
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2018 was filed with the Commission, or, if later, at the time the Registration Statement originally became effective, the Company met the then applicable requirements for use use, or the staff of the Commission notified the Company that they would not object to the use, of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (“FINRA”).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Conduct Rule 2710(b)(7)(C)(i) of The Financial Industry Regulatory Authority Inc. (“FINRA”).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company does not meet the requirements for use of Form S-3S-3 under the Securities Act specified in Conduct Rule 2710(b)(7)(C)(i) of The Financial Industry Regulatory Authority Inc. (“FINRA”).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2015 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).
Appears in 1 contract
Samples: Underwriting Agreement (Pioneer Energy Services Corp)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2011 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 of Form S-3)Act.
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2010 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (Alexza Pharmaceuticals Inc.)
S-3 Eligibility. At the time the Registration Statement was originally declared became effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2013 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2011 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Conduct Rule 2710(b)(7)(C)(i) of the Financial Industry Regulatory Authority, Inc. (“FINRA”).
Appears in 1 contract
Samples: Underwriting Agreement (Igate Corp)
S-3 Eligibility. At the time the each Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2010 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statements (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (Vical Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2010 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3)S-3 under the Securities Act specified in Conduct Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority.
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31September 30, 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i).
Appears in 1 contract
Samples: Underwriting Agreement (Avanir Pharmaceuticals, Inc.)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2010 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act 0000 Xxx. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
S-3 Eligibility. At the time the each Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31September 30, 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i).
Appears in 1 contract
Samples: Underwriting Agreement (Avanir Pharmaceuticals, Inc.)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December August 31, 2009 2007 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in NASD Conduct Rule 2710(b)(7)(C)(i).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2013 was filed with the Commission, the Company met the then then-applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Securities) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (Threshold Pharmaceuticals Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s 's Annual Report on Form 10-K for the year ended December 31, 2009 2006 (the “"Annual Report”") was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3)S-3 under the Securities Act specified in Conduct Rule 2710(b)(7)(C)(i) of the NASD.
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (“FINRA”).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2016 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (La Jolla Pharmaceutical Co)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31September 27, 2009 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).
Appears in 1 contract
Samples: Underwriting Agreement (Kulicke & Soffa Industries Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2008 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3)S-3 under the Securities Act specified in Conduct Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority.
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared became effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2015 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared became effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) 2010 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3).
Appears in 1 contract
Samples: Underwriting Agreement (Neurocrine Biosciences Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 2012 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (“FINRA”).
Appears in 1 contract
S-3 Eligibility. At the time the Original Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Conduct Rule 2710(b)(7)(C)(i) of the National Association of Securities Dealers Inc. (the “NASD”).
Appears in 1 contract