Eligibility for Form S-3. The Company represents, warrants covenants that it has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to obtain and maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for sale by the Investors of the Registrable Securities, then (i) the Company, with the consent of each Investor pursuant to Section 2(a), shall register the sale of the Registrable Securities on another appropriate form, such as Form SB-2 and (ii) the Company shall undertake to register the Registrable Securities on Form S-3 as soon as such form is available.
Appears in 4 contracts
Samples: Bridge Note Purchase and Security Agreement (Tracker Corp of America), Registration Rights Agreement (Compositech LTD), Registration Rights Agreement (Telecom Wireless Corp/Co)
Eligibility for Form S-3. The Company represents, warrants and covenants that it has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to obtain and maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for sale by the Investors of the Registrable Securities, then (i) the Company, with the consent of each Investor pursuant to Section 2(a), shall register the sale of the Registrable Securities on another appropriate form, such as Form SB-2 SB-2, and (ii) the Company shall undertake to register the Registrable Securities on Form S-3 as soon as such form is available.
Appears in 3 contracts
Samples: Registration Rights Agreement (Rentech Inc /Co/), Registration Rights Agreement (Forest Oil Corp), Registration Rights Agreement (Anschutz Philip F)
Eligibility for Form S-3. The Company represents, warrants warrants, and covenants that it has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to obtain and maintain such potential eligibility for the use of Form S-3. In the event that Form S-3 is not available for sale by the Investors of the Registrable Securities, then (i) the Company, with the consent of each Investor pursuant to Section 2(a), shall register the sale of the Registrable Securities on another appropriate form, such as Form SB-2 form and (ii) the Company shall undertake to register the Registrable Securities on Form S-3 as soon as such form is available.
Appears in 1 contract
Samples: Registration Rights Agreement Registration Rights Agreement (Finet Holdings Corp)
Eligibility for Form S-3. The Company represents, warrants warrants, and covenants that it is currently eligible to utilize Form S-3 and that it has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to obtain and maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for sale by the Investors of the Registrable Securities, then (i) the Company, with the consent of each Investor pursuant to Section 2(a), shall register the sale of the Registrable Securities on another appropriate form, such as Form SB-2 S-1 and (ii) the Company shall undertake to register the Registrable Securities on Form S-3 as soon as such form is available.
Appears in 1 contract
Samples: Registration Rights Agreement (Homecom Communications Inc)
Eligibility for Form S-3. The Company represents, warrants covenants that that, except as provided in Schedule 2e. attached hereto, it has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to obtain and maintain such eligibility for the use of Form S-3manner. In the event that Form S-3 is not available for sale by the Investors of the Registrable Securities, then (i) the Company, with the consent of each Investor pursuant to Section 2(a), shall register the sale of the Registrable Securities on another appropriate form, such as Form SB-2 and (ii) the Company shall undertake to register the Registrable Securities on Form S-3 as soon as such form is available.
Appears in 1 contract
Samples: Registration Rights Agreement Registration Rights Agreement (D H Marketing & Consulting Inc)
Eligibility for Form S-3. The Company represents, warrants and covenants that it has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to obtain and maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for sale by the Investors of the Registrable Securities, then (i) the Company, with the consent of each Investor pursuant to Section 2(a), shall register the sale of the Registrable Securities on another appropriate form, such as Form SB-2 and (ii) the Company shall undertake to register the Registrable Securities on Form S-3 as soon as such form is available.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (American Millennium Corp Inc)
