SEC Effectiveness definition
Examples of SEC Effectiveness in a sentence
Buyer has no existing short position with respect to the Common Stock of the Company and agrees not to enter into any short sales or other hedging transactions with respect to the Common Stock of the Company, or cause others to do so, at any time after the execution of this Agreement by it and prior to the date of effectiveness of the Registration Statement relating to the Common Shares with the Securities and Exchange Commission ("SEC Effectiveness").
After SEC Effectiveness, so long as Preferred Shares remain outstanding, Buyer agrees not to enter into any short sales or hedging transactions in Common Stock that would exceed the number of Preferred Shares that are available for conversion pursuant to the Certificate of Designation relating to the Preferred Shares.
Initial Filings - produce all required forms including notification of SEC Effectiveness.
No liquidated damages under Section 5(a)(2) shall accrue on or as to any Cut Back Shares, and the required SEC Effectiveness Date for such Registration Statement will be tolled, until such time as the Company is able to effect the registration of the Cut Back Shares in accordance with any SEC Restrictions (such date, the “Restriction Termination Date”).
No liquidated damages under Section 7.1(d) shall accrue on or as to any Cut Back Shares, and the required SEC Effectiveness Date for such additional Registration Statement including the Cutback Shares will be tolled, until such time as the Company is able to effect the registration of the Cut Back Shares in accordance with any SEC Restrictions (such date, the “Restriction Termination Date”).
Initial Filings - produce all required forms and follow-up on any comments, including notification of SEC Effectiveness.
In respect of the Note Shares, for each 12-month period (each, a “Note Lapse Year”) commencing on the SEC Effectiveness Date, the restrictions on Transfer, as set forth in Section 1.1, above, shall lapse in the manner set forth in this Section 1.3 and, from and after the Note Termination Date, all of such restrictions on Transfer shall lapse.
The Company agrees that following the SEC Effectiveness Date or at such time as such legend is no longer required under this Section 6(b)(3), it will, no later than ten Trading Days following the delivery by an Investor to the Company or the Company’s transfer agent of a certificate representing Shares, as applicable, deliver or cause to be delivered to such Investor a certificate representing such Shares that is free from all restrictive and other legends.
The Company shall cause its counsel to issue a legal opinion to the Company’s transfer agent promptly after the SEC Effectiveness Date if required by the Company’s transfer agent to effect the removal of the legend hereunder.