Shelf Eligibility Sample Clauses
The Shelf Eligibility clause defines the criteria under which securities may be included in a shelf registration statement, allowing them to be offered and sold over time rather than all at once. Typically, this clause outlines the types of securities, issuers, or conditions that must be met for inclusion, such as compliance with regulatory requirements or financial thresholds. Its core function is to ensure that only qualified securities are available for flexible, ongoing issuance, thereby streamlining the capital-raising process and maintaining regulatory compliance.
Shelf Eligibility. As of the date of this Agreement, the Company is eligible to use Form S-3 under the Act and it meets the transaction requirements in accordance with General Instructions I.B.1 and I.D of Form S-3. (aaa) ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act. There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, as amended, and the rules and regulations promulgated in connection therewith (the “▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act”), applicable as of the effective date of the Registration Statement, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Shelf Eligibility. As of the date of this Agreement, the Company is eligible to use Form S-3 under the Act and it meets the transaction requirements in accordance with General Instructions I.B.1 and I.D. of Form S-3.
Shelf Eligibility. MannKind Corp. is eligible to use Form S-3 for registration under the Securities Act of the Consideration Shares for the sale by the Seller of such shares. There is no fact or current or prior circumstance or event that would be reasonably likely to cause MannKind Corp. to become ineligible to use Form S-3 for such purpose, including to comply with its obligations under the Registration Rights Agreement.