S-3 Eligibility. At the time the Registration Statement was originally declared effective, 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 8 contracts
Samples: Underwriting Agreement (Dynavax Technologies Corp), Underwriting Agreement (Dynavax Technologies Corp), Underwriting Agreement (Dynavax Technologies Corp)
S-3 Eligibility. At the time the Registration Statement was originally declared effectiveeffective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 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 5 contracts
Samples: Underwriting Agreement (Ardea Biosciences, Inc./De), Underwriting Agreement (Somaxon Pharmaceuticals, Inc.), Underwriting Agreement (Ardea Biosciences, Inc./De)
S-3 Eligibility. At the time the Registration Statement was originally declared effective, 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 4 contracts
Samples: Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.)
S-3 Eligibility. At the time the Registration Statement was originally declared became effective, 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 3 contracts
Samples: Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Opko Health, Inc.)
S-3 Eligibility. At the time the Registration Statement was originally declared effectiveeffective 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)Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Caribou Coffee Company, Inc.), Underwriting Agreement (Caribou Coffee Company, Inc.), Underwriting Agreement (Vantage Drilling CO)
S-3 Eligibility. At the time the Registration Statement was originally declared effective, effective 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 (“FINRA”) Manual.
Appears in 2 contracts
Samples: Underwriting Agreement (Green Plains Renewable Energy, Inc.), Underwriting Agreement (Green Plains Renewable Energy, Inc.)
S-3 Eligibility. At the time the Registration Statement was originally declared effective, effective 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, 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 of filing the Registration Statement was originally declared effectiveStatement, 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: Bionano Genomics, Inc
S-3 Eligibility. At the time the Registration Statement was originally declared effective, 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 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effectiveeffective and at the time the Company’s 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
S-3 Eligibility. At the time the Registration Statement was originally declared effective, 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, assuming no act or omission on the part of the Agent that would make such statement untrue, 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 Registration Statement was originally declared effective, 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 Firm Primary Shares and the Optional Primary 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 effectivefiled with the Commission, the Company met the then applicable requirements for the use of Form S-3 under the Securities Act (without reliance on Act, including, but not limited to, General Instruction I.B.6 of Form S-3)I.B.1.
Appears in 1 contract
S-3 Eligibility. At the time the Registration Statement was originally declared effectiveeffective and as of the date hereof, 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, assuming no act or omission on the part of the Agent that would make such statement untrue, 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 Registration Statement was originally declared effective, 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 as of the date hereof, the Company met the then applicable requirements for the use of Form S-3 under the Securities Act (without reliance on Act, including, but not limited to, General Instruction I.B.6 I.B.1 of Form S-3).
Appears in 1 contract
Samples: Netlist Inc
S-3 Eligibility. At the time the Registration Statement was originally declared effective, 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 (Biosante Pharmaceuticals Inc)
S-3 Eligibility. At the time the Registration Statement was originally declared effectiveeffective and at the time 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 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority, Inc. (the “FINRA”).
Appears in 1 contract
Samples: Underwriting Agreement (Mercury Computer Systems Inc)
S-3 Eligibility. At the time the each Registration Statement was originally declared effective, 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
S-3 Eligibility. At the time the Registration Statement was originally declared effectiveeffective and as of the date hereof, 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 (without reliance on General Instruction I.B.6 including the offer and sale of Form S-3the Shares).
Appears in 1 contract
Samples: Terms Agreement (iBio, Inc.)