First Registration Statement definition

First Registration Statement means the first registration statement that is filed by the Company and declared effective pursuant to Section 12(g) of the Exchange Act, with respect to any class of the Company’s securities;

First Registration Statement in the event of a Proration, the registration statement initially filed in which all securities sought to be included were not so included.

First Registration Statement shall have the meaning set forth in the Registration Rights Agreement.

Examples of First Registration Statement in a sentence

• Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following them First Effective Date that the First Registration Statement is not effective.

• The First Registration Statement, the Second Registration Statement and the Third Registration Statement are referred to herein collectively as the "STOCKHOLDER REGISTRATION STATEMENTS".

• At any time and from time to time after the date the First Registration Statement has been declared effective by the Commission, the Company shall have the option, upon the delivery of an Adjustment Notice to the Holder, to adjust the Conversion Price then in effect with respect to the Mandatory Convertible Amount applicable to such Adjustment Notice to equal the lesser of: (A) the Initial Conversion Price and (B) the product of (x) the applicable Adjustment Percentage and (y) the Index Price.

• Until the 60th day after the date on which the First Registration Statement (as that term is defined in the Registration Rights Agreement) has been declared effective by the SEC, the Company will not conduct, without the prior written consent of the Purchaser or its designees, any equity or equity-related financing involving or granting rights relating to the registration of Common Stock or resale registration rights within 12 months following the date hereof.

• At the time of effectiveness, the Company shall ensure that the First Registration Statement covers at least 125% of the Initial Registrable Securities (without giving effect to any limitations on exercise contained in the Initial Warrants), including, if necessary, by filing an amendment prior to the effective date of the Initial Registration Statement to increase the number of Initial Registrable Securities covered thereby.

More Definitions of First Registration Statement

First Registration Statement means a registration statement filed pursuant to the terms hereof and which covers the sale by the Investors of: (i) the Common Stock issuable upon conversion of the Series C Preferred Stock and (ii) the Warrant Shares.

First Registration Statement has the meaning set forth in Section 4.12.

First Registration Statement means the Company’s Registration Statement on Form S-3, Registration No. 333-120548, ordered effective by the SEC on February 3, 2005.

First Registration Statement means a registration statement filed pursuant to the terms hereof and which covers the resale of: (i) the Shares, (ii) the shares of Common Stock issuable upon conversion in full of the Unsecured Debentures issued on the First Settlement Date and (iii) exercise in full of the Closing Warrants and the First Warrants, and which shall include no less than 2,625,724 shares of Common Stock.

First Registration Statement shall have the meaning assigned to it in Section 2(a).

First Registration Statement means a registration statement meeting the requirements set forth in the Registration Rights Agreement and covering the resale by the Investors of the Underlying Shares and Warrant Shares issuable upon exercise of the First Warrants.

First Registration Statement means the shelf registration statement (File Number 333-221093) on Form S-3 that was initially declared effective by the Commission on November 3, 2017.