Common use of Subsequent Shelf Registration Clause in Contracts

Subsequent Shelf Registration. Notwithstanding the foregoing paragraph, if prior to the second anniversary (plus any Blackout Period) from the date the Demand Shelf Registration covering the Registrable Securities has been declared effective under the Act, the Company has failed to obtain the withdrawal of any stop order, injunction or other order suspending the effectiveness within 60 days of such cessation of effectiveness, the Company shall file an additional Shelf Registration covering the Registrable Securities (a "Subsequent Shelf Registration"). If a Subsequent Shelf Registration is filed, the Company shall use its best efforts to cause the Subsequent Shelf Registration to be declared effective as soon as practicable after such filing and to keep such Registration Statement continuously effective until the earlier of the (i) completion of any offering of securities thereunder; (ii) expiration of the second anniversary (plus any Blackout Period, as defined below) from date on which it first became effective under the Act (unless withdrawn upon the written request of the holders); and (iii) date another Subsequent Shelf Registration covering the Registrable Securities has been declared effective under the Act. If the registration required under this Section 8 is deemed not to have been effected then the Company shall continue to be obligated to effect a registration statement pursuant to this Section 8.

Appears in 1 contract

Sources: Investment Agreement (Soros George)

Subsequent Shelf Registration. Notwithstanding the foregoing ----------------------------- paragraph, if prior to the second anniversary (plus any Blackout Period) from the date the Demand Shelf Registration covering the Registrable Securities has been declared effective under the Act, the Company has failed to obtain the withdrawal of any stop order, injunction or other order suspending the effectiveness within 60 days of such cessation of effectiveness, the Company shall file an additional Shelf Registration covering the Registrable Securities (a "Subsequent Shelf Registration"). If a Subsequent Shelf Registration is ----------------------------- filed, the Company shall use its best efforts to cause the Subsequent Shelf Registration to be declared effective as soon as practicable after such filing and to keep such Registration Statement continuously effective until the earlier of the (i) completion of any offering of securities thereunder; (ii) expiration of the second anniversary (plus any Blackout Period, as defined below) from date on which it first became effective under the Act (unless withdrawn upon the written request of the holders); and (iii) date another Subsequent Shelf Registration covering the Registrable Securities has been declared effective under the Act. If the registration required under this Section 8 is deemed not to have been effected then the Company shall continue to be obligated to effect a registration statement pursuant to this Section 8.

Appears in 1 contract

Sources: Investment Agreement (Viropharma Inc)

Subsequent Shelf Registration. Notwithstanding the ------------------------------- foregoing paragraph, if prior to the second anniversary date nine months (plus any Blackout Period) from the date the Demand Shelf Registration covering the Registrable Securities has been declared effective under the Act, the Company has failed to obtain the withdrawal of any stop order, injunction or other order suspending the effectiveness within 60 days of such cessation of effectiveness, the Company shall file an additional Shelf Registration covering the Registrable Securities (a "Subsequent Shelf Registration"). If a Subsequent Shelf Registration is filed, the Company shall use its best efforts to cause the Subsequent Shelf Registration to be declared effective as soon as practicable after such filing and to keep such Registration Statement continuously effective until the earlier of the (i) completion of any offering of securities thereunder; (ii) expiration of the second nine month anniversary (plus any Blackout Period, as defined below) from date on which it first became effective under the Act (unless withdrawn upon the written request of the holders); and (iii) date another Subsequent Shelf Registration covering the Registrable Securities has been declared effective under the Act. If the registration required under this Section 8 9 is deemed not to have been effected then the Company shall continue to be obligated to effect a registration statement pursuant to this Section 89.

Appears in 1 contract

Sources: Investment Agreement (Soros Fund Management LLC)

Subsequent Shelf Registration. Notwithstanding the foregoing paragraph, if prior to the second anniversary date nine months (plus any Blackout Period) from after the date the Demand Shelf Registration covering the Registrable Securities has been declared effective under the Act, the Company has failed to obtain the withdrawal of any stop order, injunction or other order suspending the effectiveness within 60 days of such cessation of effectiveness, the Company shall file an additional Shelf Registration covering the Registrable Securities (a "Subsequent Shelf Registration"). If a Subsequent Shelf Registration is filed, the Company shall use its best efforts to cause the Subsequent Shelf Registration to be declared effective as soon as practicable after such filing and to keep such Registration Statement continuously effective until the earlier of the (i) completion of any offering of securities thereunder; (ii) expiration of the second nine month anniversary (plus any Blackout Period, as defined below) from date on which it first became effective under the Act (unless withdrawn upon the written request of the holders); and (iii) date another Subsequent Shelf Registration covering the Registrable Securities has been declared effective under the Securities Act. If the registration required under this Section 8 13 is deemed not to have been effected then the Company shall continue to be obligated to effect a registration statement pursuant to this Section 813.

Appears in 1 contract

Sources: Investment Agreement (Bluefly Inc)