Common use of S-3 Status Clause in Contracts

S-3 Status. The Company currently meets the "registrant eligibility" requirements set forth in the general instructions to Form S-3 to enable the registration of the resale of the Registrable Securities and, to the Company's knowledge, there exist no facts or circumstances that could reasonably be expected to prohibit or delay the filing or effectiveness of a registration statement on Form S-3 covering the resale of the Registrable Securities; provided, however, that the Company does not currently meet the requirements for a primary offering.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Epimmune Inc), Unit Purchase Agreement (Epimmune Inc)

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S-3 Status. The Company currently meets the "β€œregistrant eligibility" ” requirements set forth in the general instructions to Form S-3 to enable the registration of the resale of the Registrable Securities and, to the Company's knowledge, there exist no facts or circumstances that could reasonably be expected to prohibit or delay the filing or effectiveness of a registration statement on Form S-3 covering the resale of the Registrable Securities; provided, however, that the Company does not currently meet the requirements for a primary offering.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cypress Bioscience Inc)

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S-3 Status. The Company currently meets the "registrant eligibility" requirements set forth in the general instructions to Form S-3 to enable the registration of the resale of the Registrable Securities and, to the Company's knowledge, there exist no facts or circumstances that could reasonably be expected to prohibit or delay the filing or effectiveness of a registration statement on Form S-3 covering the resale of the Registrable Securities; provided, however, that the Company does not currently meet the requirements for a primary offering.

Appears in 1 contract

Samples: Unit Purchase Agreement (Epimmune Inc)

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