Execution Time definition
Examples of Execution Time in a sentence
Such Registration Statement, including any amendments, financial statements, exhibits, and schedules thereto filed prior to the Execution Time, has become effective.
The Company represents and warrants to, and agrees with, the Manager at the Execution Time and the Effective Time and on each such time that the following representations and warranties are repeated or deemed to be made pursuant to this Agreement, as set forth below, except as set forth in the Registration Statement, the Prospectus or the Incorporated Documents.
At the Execution Time and at the earliest time after filing the Registration Statement and any post-effective amendments thereto that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Rules and Regulations) of the Securities and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405 of the Rules and Regulations (“Rule 405”).
The Company meets the requirements for use of Form S-3 under the Act and has prepared and will file on or immediately following the Execution Time with the Commission the Registration Statement, including the Base Prospectus, for registration under the Act of the offering and sale of the Shares.
The Registration Statement, when filed on or immediately following the Execution Time, each such time this representation is repeated or deemed to be made, and at all times during which a prospectus is required by the Act to be delivered (whether physically or through compliance with Rule 172, 173 or any similar rule) in connection with any offer or sale of the Shares, meets the requirements set forth in Rule 415(a)(1)(x).