Common use of Furnishing of Information Clause in Contracts

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 85 contracts

Samples: Securities Purchase Agreement (DARA BioSciences, Inc.), Securities Purchase Agreement (DARA BioSciences, Inc.), Securities Purchase Agreement (DARA BioSciences, Inc.)

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Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any Purchaser, the Company is not then subject shall deliver to such Purchaser a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 37 contracts

Samples: Escrow Agreement (World Health Alternatives Inc), Securities Purchase Agreement (Authentidate Holding Corp), Securities Purchase Agreement (World Health Alternatives Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 36 contracts

Samples: Securities Purchase Agreement (MDRNA, Inc.), Securities Purchase Agreement (MDRNA, Inc.), Securities Purchase Agreement (Cell Therapeutics Inc)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any Purchaser, the Company is not then subject shall deliver to such Purchaser a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers each Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers each Purchaser to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 31 contracts

Samples: Securities Purchase Agreement (Hollis Eden Pharmaceuticals Inc /De/), Securities Purchase Agreement (World Health Alternatives Inc), Securities Purchase Agreement (Oxford Media, Inc.)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such holder of Securities, the Company is not then subject shall deliver to such holder a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 26 contracts

Samples: Securities Purchase Agreement (Irvine Sensors Corp/De/), Securities Purchase Agreement (DDS Technologies Usa Inc), Securities Purchase Agreement (Cortex Pharmaceuticals Inc/De/)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such holder of Securities, the Company is not then subject shall deliver to such holder a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 20 contracts

Samples: Escrow Agreement (Valde Connections Inc), Securities Purchase Agreement (Cardima Inc), Securities Purchase Agreement (Cardima Inc)

Furnishing of Information. Until the earliest all of the time that (i) no Purchaser owns Securities or (ii) are eligible for sale without limitations concerning the Warrants have expiredavailability of current public information under Rule 144 promulgated under the Securities Act, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements Act. Until all of the Exchange Securities are eligible for sale without limitations concerning the availability of current public information under Rule 144 promulgated under the Securities Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such the Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 18 contracts

Samples: Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such holder of Securities, the Company is not then subject shall deliver to such holder a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) ), such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 16 contracts

Samples: Preferred Stock and Warrant Purchase Agreement (Access Pharmaceuticals Inc), Convertible Note and Warrant Purchase Agreement (Access Pharmaceuticals Inc), Preferred Stock and Warrant Purchase Agreement (Sco Capital Partners LLC)

Furnishing of Information. Until the earliest earlier to occur of the time that (i) no the Purchaser owns Securities no Securities, or (ii) 18 months from the Warrants have expireddate hereof, the Company covenants that it will maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to use all commercially reasonable efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any the Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will use all commercially reasonable efforts to take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 11 contracts

Samples: Common Stock Purchase Agreement (Odyssey Group International, Inc.), Securities Purchase Agreement (Progreen US, Inc.), Securities Purchase Agreement (Digital Power Corp)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such Person, the Company is not then subject shall deliver to such Person a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Supergen Inc), Securities Purchase Agreement (Versar Inc), Securities Purchase Agreement (Osi Systems Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities it is not eligible to dispose of pursuant to Rule 144, or (ii) the Warrants have expired, the Company covenants to use reasonable best efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and use reasonable best efforts to make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Trellis Earth Products Inc), Securities Purchase Agreement (Carbon Sciences, Inc.), Securities Purchase Agreement (Catasys, Inc.)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such Person, the Company is not then subject shall deliver to such Person a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with paragraph (c) of Rule 144(c) 144 such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Global Epoint Inc), Securities Purchase Agreement (Arena Pharmaceuticals Inc), Securities Purchase Agreement (Global Epoint Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities is the holder of Warrants or (ii) expiration of the Warrants have expiredor (iii) all Warrant Shares having been issued, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such Person, the Company is not then subject shall deliver to such Person a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Shares and Warrant Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Shares and Warrant Shares without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Valentis Inc), Securities Purchase Agreement (Smartserv Online Inc), Securities Purchase Agreement (Infocrossing Inc)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not no longer required to file reports pursuant to the Exchange ActAct (or if such filings are not otherwise generally available on the Internet free of charge), it will prepare and furnish to the Purchasers (upon receipt of a written request) and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Verticalnet Inc), Securities Purchase Agreement (Attunity LTD), Securities Purchase Agreement (Verticalnet Inc)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such holder of Securities, the Company is not then subject shall deliver to such holder a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c144(c)(2) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Hudson Holding Corp), Securities Purchase Agreement (Meagher Michael J), Securities Purchase Agreement (Spatialight Inc)

Furnishing of Information. Until the earliest of the time that (i) Purchaser no Purchaser longer owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144. So long as any Securities are outstanding, the Company shall cause itself to be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act and timely file all reports required to be filed thereunder.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Visualant Inc), Securities Purchase Agreement (Titan Iron Ore Corp.), Securities Purchase Agreement (Visualant Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to use reasonable efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Oculus Innovative Sciences, Inc.), Securities Purchase Agreement (Oculus Innovative Sciences, Inc.), Securities Purchase Agreement (Medis Technologies LTD)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such holder of Securities, the Company is not then subject shall deliver to such holder a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 3 contracts

Samples: Common Stock Purchase and Warrants Agreement (Us Dataworks Inc), Convertible Debenture and Warrants Agreement (Us Dataworks Inc), Common Stock Purchase and Warrants Agreement (Us Dataworks Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information information, if any, as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Pluristem Therapeutics Inc), Securities Purchase Agreement (Pluristem Therapeutics Inc), Securities Purchase Agreement (Pluristem Therapeutics Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredany Securities, the Company covenants to maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns any Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Revolutionary Concepts Inc), Securities Purchase Agreement (Revolutionary Concepts Inc), Securities Purchase Agreement (Comstock Mining Inc.)

Furnishing of Information. Until the earliest of the time that any Stockholder no longer owns any Shares or Warrants (icollectively, the “Securities”) no Purchaser owns Securities or (ii) of the Warrants have expiredCompany, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if so long as the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns SecuritiesFor the twelve month period following the Closing Date, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Stockholders then holding any Securities and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers such Stockholder to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 3 contracts

Samples: Stockholders’ Agreement (ViewRay, Inc.), Stockholders’ Agreement (ViewRay, Inc.), Stockholders’ Agreement (Orbimed Advisors LLC)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if so long as the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Hyperdynamics Corp), Securities Purchase Agreement (Hyperdynamics Corp), Securities Purchase Agreement (Hyperdynamics Corp)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company Issuer covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company Issuer after the date hereof pursuant to the Exchange Act even if the Company Issuer is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company Issuer is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company and Issuer further covenants covenant that it they will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ener1 Inc), Securities Purchase Agreement (Ener1 Inc)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to use best efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any Purchaser, the Company is not then subject shall deliver to such Purchaser a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Usurf America Inc), Securities Purchase Agreement (Usurf America Inc)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns SecuritiesWarrants or Warrant Shares, but only until such holder’s Warrant Shares may be sold under Rule 144(b)(i) without regard to meeting the requirements of Rule 144(c), if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Chez Ronald L), Securities Purchase Agreement (Cinedigm Corp.)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (ESP Resources, Inc.), Securities Purchase Agreement (Cell Therapeutics Inc)

Furnishing of Information. Until the earliest of the time that (i) no the Purchaser owns no Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any the Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Solar Power, Inc.), Securities Purchase Agreement (ZBB Energy Corp)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to use all commercially reasonable efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will use all commercially reasonable efforts to take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 2 contracts

Samples: Joinder Agreement (Codesmart Holdings, Inc.), Securities Purchase Agreement (Codesmart Holdings, Inc.)

Furnishing of Information. Until the earliest of the time that (i) the Purchaser no Purchaser longer owns Securities Securities, or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any the Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pharmathene, Inc), Securities Purchase Agreement (Pharmathene, Inc)

Furnishing of Information. Until If after the earliest date hereof the Company becomes subject to the reporting requirements of the time that (i) no Exchange Act and as long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if Securities and the Company is not required subject to file reports pursuant to the reporting requirement of the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The As long as any Purchaser owns Securities and the Company is subject to the reporting requirement of the Exchange Act, the Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Aprecia Inc), Securities Purchase Agreement (Aprecia Inc)

Furnishing of Information. Until the earliest earlier of (i) the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredfive year anniversary of the Closing Date, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (EnteroMedics Inc), Securities Purchase Agreement (EnteroMedics Inc)

Furnishing of Information. Until the earliest of the time that (i) no the Purchaser owns Securities or (ii) the Warrants have expiredno Securities, the Company covenants maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to use all commercially reasonable efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any the Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will use all commercially reasonable efforts to take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pladeo Corp.), Securities Purchase Agreement (Pressure Biosciences Inc)

Furnishing of Information. Until At any time after the earliest date hereof, if the Company is or becomes subject to the rules, regulations, and/or reporting requirements of the time that (i) no Exchange Act and as long as any Purchaser owns Securities or (ii) the Warrants have expiredrestricted Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers each such Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, Underlying Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Underlying Shares without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Zone Mining LTD), Securities Purchase Agreement (Uni-Pixel)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any holder of Securities, the Company is not then subject shall deliver to the reporting requirements holder a written certification of a duly authorized officer as to whether it has complied with the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers each Purchaser and make publicly available in accordance with Rule 144(c) such ), the information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such the Person to sell such the Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 2 contracts

Samples: Common Stock and Warrant Purchase Agreement (Adera Mines LTD), Common Stock and Warrant Purchase Agreement (Chatsworth Data Solutions, Inc.)

Furnishing of Information. Until In order to enable the earliest Purchasers to sell the Securities under Rule 144 of the time Securities Act, for a period of two years from the Closing (or such shorter period that (i) no the Purchaser owns Securities or (ii) the Warrants have expiredcan sell under Rule 144 without regard to volume limitations), the Company covenants shall use its commercially reasonable efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns SecuritiesDuring such period, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Shares and Warrant Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities the Shares and Warrant Shares without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pinnacle Data Systems Inc), Securities Purchase Agreement (Gse Systems Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have terminated or expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will use commercially reasonable efforts to take such further action as any holder of Securities Purchaser (which at such time owns any Shares or Warrants) may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by under Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Raptor Pharmaceutical Corp), Securities Purchase Agreement (Raptor Pharmaceutical Corp)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to use all commercially reasonable efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will use all commercially reasonable efforts to take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Max Sound Corp), Securities Purchase Agreement (Adamis Pharmaceuticals Corp)

Furnishing of Information. Until the earliest of the time that (i) no the Purchaser owns Securities or (ii) the Warrants have expiredno Securities, the Company covenants to maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to use all commercially reasonable efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any the Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will use all commercially reasonable efforts to take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Advaxis, Inc.)

Furnishing of Information. Until As long as any Investor owns the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon reasonable request of such holder of Securities, the Company is not then subject shall deliver to such holder a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser Investor owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers Investors and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Investors to sell the Securities, including without limitation, Shares and Warrant Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities the Shares and Warrant Shares without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Flow International Corp)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers (unless otherwise available under the Commission’s XXXXX system) and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Accentia Biopharmaceuticals Inc)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to file timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, but only until such Securities may be sold under Rule 144(b)(1) and the second sentence of Rule 144(b)(1) has been satisfied with respect to the Purchasers, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser As long as Investor owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof Effective Date pursuant to the Exchange Act even if Act, other than Current Reports on Form 8-K. Upon the request of Investor, the Company is not then subject shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser Investor owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers Investor and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Investor to sell the Securities, including Securities under Rule 144 until such time as Investor may sell all such Securities without limitation, restriction under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pet Airways Inc.)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities can be resold pursuant to Rule 144(b)(1)(i) under the Securities Act, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Microfield Group Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to maintain the registration of the Ordinary Shares under Section 12(b) or 12(g) of the Exchange Act and to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Can-Fite BioPharma Ltd.)

Furnishing of Information. On or before March 14, 2008, the Common Stock shall have become registered pursuant to Section 12(g) of the Exchange Act. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Spicy Pickle Franchising Inc)

Furnishing of Information. Until As long as the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any holder of Securities, the Company is not then subject shall deliver to the reporting requirements holder a written certification of a duly authorized officer as to whether it has complied with the Exchange Actpreceding sentence. As long as any the Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) such ), the information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such the Person to sell such the Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Electric & Gas Technology Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to use commercially reasonable efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Micromet, Inc.)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expired------------------------- Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such Person, the Company is not then subject shall deliver to such Person a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Storage Computer Corp)

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Furnishing of Information. Until In order to enable the earliest Purchasers to sell the Securities under Rule 144 of the Securities Act, until such time that (i) no Purchaser owns Securities as all of the Shares and Warrant Shares have been either sold or (ii) the Warrants have expiredare eligible for sale without restriction pursuant to Rule 144, the Company covenants shall use its commercially reasonable efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns SecuritiesDuring such period, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Shares and Warrant Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities the Shares and Warrant Shares without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ziopharm Oncology Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if unless the Company is not then subject to the reporting requirements of the Exchange Act. As long as any the Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Akeena Solar, Inc.)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any Purchaser, the Company is not then subject shall deliver to such Purchaser a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with paragraph (c) of Rule 144(c) 144 such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of the Securities may reasonably request, all to the extent required from time to time to enable such Person Purchaser to sell such Securities without registration under the Securities Act, including without limitation, Act and within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (North American Palladium LTD)

Furnishing of Information. Until If after the earliest date hereof the Company becomes subject to the reporting requirements of the time that (i) no Exchange Act and as long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if Securities and the Company is not required subject to file reports pursuant to the reporting requirement of the Exchange Act, it the Company will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The As long as any Purchaser owns Securities and the Company is subject to the reporting requirement of the Exchange Act, the Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cybra Corp)

Furnishing of Information. Until As long as any Investor owns the earliest of the time that (i) no Purchaser owns ------------------------- Securities issued or (ii) the Warrants have expiredissuable to it, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such Person, the Company is not then subject shall deliver to such Person a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser Investor owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers Investors and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Investors to sell the Securities, including without limitation, Underlying Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Underlying Shares without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Zoltek Companies Inc)

Furnishing of Information. Until The Company shall file a Form 10 to register the earliest of Common Stock under the Exchange Act on or prior July 15, 2008. At all times after June 30, 2008 until such time that (i) as no Purchaser owns Securities or (ii) the Warrants have expiredany Securities, the Company covenants shall cause itself to be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act and timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by thereunder. Without limiting the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As foregoing, as long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Axis Technologies Group Inc)

Furnishing of Information. Until the earliest earlier to occur of the time that (i) no the Purchaser owns Securities no Securities, or (ii) 18 months from the Warrants have expireddate hereof, the Company covenants that it will use all commercially reasonable efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any the Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will use all commercially reasonable efforts to take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Airborne Wireless Network)

Furnishing of Information. Until the earliest of the time that (i) no So long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers upon request and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144, except the foregoing shall not be required if there is then on file with the Commission a then currently effective Registration Statement covering such Securities. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Lightpath Technologies Inc)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such Person, the Company is not then subject shall deliver to such Person a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Underlying Shares and Warrant Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Underlying Shares and Warrant Shares without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Arotech Corp)

Furnishing of Information. Until As long as any Investor owns ------------------------- the earliest of the time that (i) no Purchaser owns Securities issued or (ii) the Warrants have expiredissuable to it, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such Person, the Company is not then subject shall deliver to such Person a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser Investor owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers Investors and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Investors to sell the Securities, including without limitation, Underlying Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Underlying Shares without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Zoltek Companies Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants Greenshoes have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Advanced Battery Technologies, Inc.)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities Securities, or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pharmathene, Inc)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser ------------------------- owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any Purchaser, the Company is not then subject shall deliver to such Purchaser a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers each Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers each Purchaser to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pacific Cma Inc)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, ------------------------- the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such Person, the Company is not then subject shall deliver to such Person a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Act Teleconferencing Inc)

Furnishing of Information. Until the earliest of the time that (i) no After January 1, 2005 and for as long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the such date hereof pursuant to the Exchange Act even if the Company is not then subject and to the reporting requirements deliver, upon reasonable request from a Purchaser, a written certification of a duly authorized officer as to whether it has complied with its filing obligations under the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Interpool Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is does not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Neuralstem, Inc.)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any the Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchaser and make publicly available in accordance with Rule 144(c) under the Securities Act such information as is required for the Purchasers Purchaser to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (GeoPharma, Inc.)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such holder of Securities, the Company is not then subject shall deliver to such holder a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Empire Resorts Inc)

Furnishing of Information. Until (a) As long as any Investor owns the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon request of any such Person, the Company is not then subject shall deliver to such Person a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser Investor owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers Investors and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers Investors to sell the Securities, including without limitation, Underlying Shares and Warrant Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent reasonably required from time to time to enable such Person to sell such Securities the Underlying Shares and Warrant Shares without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (RCG Companies Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers Purchasers, at their request, and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nutracea)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, limitation under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Agfeed Industries, Inc)

Furnishing of Information. On or before February 28, 2008, the Common Stock shall have become registered pursuant to Section 12(g) of the Exchange Act. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Visual Management Systems Inc)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expired------------------------- Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any Purchaser, the Company is not then subject shall deliver to such Purchaser a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Applied Digital Solutions Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredexpired or (iii) all Shares and Warrant Shares may be sold under Rule 144(k), the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Encysive Pharmaceuticals Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities can be resold pursuant to Rule 144(k) under the Securities Act, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Callisto Pharmaceuticals Inc)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser (or any Affiliate) owns Securities or (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Uluru Inc.)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hague Corp.)

Furnishing of Information. Until the earliest earlier of the time that (i) no Purchaser owns Securities or and (ii) the Warrants have expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Inovio Biomedical Corp)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have expiredWarrant Shares may be sold without registration or the availability of current public information under Rule 144, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hecla Mining Co/De/)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns any Securities or (ii) the Warrants have expired, the Company covenants to use its best efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns any Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Searchlight Minerals Corp.)

Furnishing of Information. Until the earliest of the time that (i) no Purchaser owns Securities or (ii) the Warrants have Option has expired, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if the Company is not then subject to the reporting requirements of the Exchange Act. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Act, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for the Purchasers to sell the Securities, including without limitation, under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act, including without limitation, within the requirements of the exemption provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Wizzard Software Corp /Co)

Furnishing of Information. Until the earliest of the time that (i) no As long as any Purchaser owns Securities or (ii) the Warrants have expiredSecurities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act even if Act. Upon the request of any such Purchaser, the Company is not then subject shall deliver to such Purchaser a written certification of a duly authorized officer as to whether it has complied with the reporting requirements of the Exchange Actpreceding sentence. As long as any Purchaser owns Securities, if the Company is not required to file reports pursuant to the Exchange Actsuch laws, it will prepare and furnish to the Purchasers and make publicly available in accordance with paragraph (c) of Rule 144(c) 144 such information as is required for the Purchasers to sell the Securities, including without limitation, Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities Purchaser may reasonably request, request to the extent required from time to time to enable such Person Purchaser to sell such Securities without registration under the Securities Act, including without limitation, Act within the requirements limitation of the exemption exemptions provided by Rule 144.

Appears in 1 contract

Samples: Securities Purchase Agreement (Citizens Inc)

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