Common use of Eligibility for Form S-3 Clause in Contracts

Eligibility for Form S-3. The Company represents and warrants that it is currently eligible to register the resale of the Warrant Shares and all Registrable Securities by Holder on a Registration Statement on Form S-3 under the Securities Act for the account of Holder (and not for or on behalf of Company). The Company shall file all reports required to be filed by the Company with the SEC in a timely manner and take all other actions which may be required so as to maintain such eligibility for the use of Form S-3.

Eligibility for Form S-3. The Company represents and warrants that it is currently eligible to register meets the requirements for the use of Form S-3 for registration of the resale by the Buyer of the Warrant Shares and all Registrable Securities by Holder on a Registration Statement on Form S-3 under and the Securities Act for the account of Holder (and not for or on behalf of Company). The Company shall file all reports required to be filed by the Company with the SEC in a timely manner and take all other actions which may be required so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for registration of the Registrable Securities, the Company shall register the securities on another appropriate form.

Eligibility for Form S-3. The Company represents and warrants that it ------------------------ is currently eligible to register the resale of the Warrant Shares and all Registrable Securities by Holder on a Registration Statement on Form S-3 under the Securities Act for the account of Holder (and not for or on behalf of Company). The Company shall file all reports required to be filed by the Company with the SEC in a timely manner and take all other actions which may be required so as to maintain such eligibility for the use of Form S-3.

Eligibility for Form S-3. The Company represents and warrants that it ------------------------ is currently eligible to register the resale of the Conversion Shares, Warrant Shares and all Registrable Securities by Holder the Purchaser on a Registration Statement on Form S-3 under the Securities Act for the account of Holder (and not for or on behalf of Company)Purchaser. The Company shall file all reports required to be filed by the Company with the SEC in a timely manner and take all other actions which may be required so as to maintain such eligibility for the use of Form S-3.

Eligibility for Form S-3. The Company represents and warrants that it ------------------------ is currently eligible to register the resale of the Conversion Shares, Warrant Shares and all Registrable Securities by Holder the Purchaser on a Registration Statement on Form S-3 under the Securities Act for the account of Holder Purchaser (and not for or on behalf of Company). The Company shall file all reports required to be filed by the Company with the SEC in a timely manner and take all other actions which may be required so as to maintain such eligibility for the use of Form S-3.

Eligibility for Form S-3. The Company represents and warrants that it ------------------------ is currently eligible to register the resale of the Conversion Shares, Warrant Shares and all Registrable Securities by Holder the Holders on a Registration Statement on Form Forms S-3 under the Securities Act for the account of Holder Holders (and not for or on behalf of Company). The Company shall file all reports required to be filed by the Company with the SEC in a timely manner and take all other actions which may be required so as to maintain such eligibility for the use of Form Forms S-3.

Eligibility for Form S-3. The Company represents and warrants that it is currently eligible to register the resale of the Conversion Shares, Warrant Shares and all Registrable Securities by Holder the Purchasers on a Registration Statement on Form S-3 under the Securities Act for the account of Holder Purchasers (and not for or on behalf of Company). The Company shall file all reports required to be filed by the Company with the SEC in a timely manner and take all other actions which may be required so as to maintain such eligibility for the use of Form S-3.