Common use of Use of Form S-3 Clause in Contracts

Use of Form S-3. The Company shall undertake to register the resale of all the Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall maintain the effectiveness of all Registration Statements then in effect until such time as a Registration Statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for use.

Appears in 7 contracts

Samples: Registration Rights Agreement (Converted Organics Inc.), Registration Rights Agreement (Neurotrope, Inc.), Registration Rights Agreement (Usa Technologies Inc)

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Use of Form S-3. The In the event that the Company becomes eligible to use Form S-3 for the registration of the resale of Registrable Securities hereunder, the Company shall undertake to register the resale of all the Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall maintain the effectiveness of all Registration Statements then in effect until such time as a Registration Statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for useSEC.

Appears in 2 contracts

Samples: Registration Rights Agreement (Marathon Patent Group, Inc.), Form of Registration Rights Agreement (Marathon Patent Group, Inc.)

Use of Form S-3. The Company shall undertake to register the resale of all the Registrable Securities on Form S-3 as soon as such form is availableavailable for a primary offering with respect to any Shelf Registration Statement, provided that the Company shall maintain the effectiveness of all Shelf Registration Statements then in effect until such time as a Shelf Registration Statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for use.

Appears in 2 contracts

Samples: Registration Rights Agreement (Advanced Environmental Recycling Technologies Inc), Registration Rights Agreement (H.I.G. Aert, LLC)

Use of Form S-3. The If the Company is eligible to use Form S-3 without regard to the limitation provided for in Instruction I.B.6 of Form S-3, the Company shall undertake to register the resale of all the Registrable Securities on Form S-3 (or transition the registration of the Registrable Securities from Form S-1 to Form S-3) as soon as such form is availablepracticable, provided that the Company shall maintain the effectiveness of all Registration Statements then in effect until such time as a Registration Statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for useSEC.

Appears in 1 contract

Samples: Registration Rights Agreement (Pacific Ethanol, Inc.)

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Use of Form S-3. The Company shall undertake to register the resale of all the Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall maintain the effectiveness of all Registration Statements then in effect and the availability for use of each prospectus contained therein until such time as a Registration Statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for useuse or, if earlier, such time as a Registration Statement is no longer required to be maintained hereunder.

Appears in 1 contract

Samples: Registration Rights Agreement (Arch Therapeutics, Inc.)

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