Issuance Registration. To the extent permitted by applicable rules and regulations promulgated by the SEC, the Company shall file a registration statement (the “Initial Registration Statement”) with the SEC on the appropriate form for a continuous offering to be made pursuant to Rule 415 providing for the delivery to the Holders of Common Stock issued pursuant to such registration statement upon the tendering of Class A Units for redemption or exchange. The Company will use commercially reasonable best efforts to effect (at the earliest possible date) the registration, under the Securities Act, of such Common Stock. If such registration statement ceases to be effective for any reason at any time prior to the delivery of all Common Stock registered thereunder, then the Company shall use its commercially reasonable efforts to obtain the prompt withdrawal of any order suspending the effectiveness thereof. The Company shall be responsible for all Registration Expenses in connection with any registration pursuant to this Section 2(a). The Company shall promptly supplement and amend such registration statement and the prospectus included therein if required by the rules, regulations or instructions applicable to the registration statement used for such registration statement or by the Securities Act. Any registration statement filed pursuant to this Section 2(a) shall not eliminate any right to registration provided under other sections of this Agreement.
Issuance Registration. To the extent permitted by applicable rules and regulations promulgated by the SEC, the Company shall file a registration statement (the
Issuance Registration. The parties acknowledge that pursuant to the Original Agreement, the Company filed a registration statement on January 18, 2007 (the “Initial Registration Statement”) with the SEC on the appropriate form for a continuous offering to be made pursuant to Rule 415 providing for the delivery to the Holders of Common Shares issued pursuant to such registration statement upon the tendering of Partnership Units for redemption or exchange. The Initial Registration Statement was effective upon filing. If such registration statement ceases to be effective for any reason at any time prior to the delivery of all Common Shares registered thereunder, then the Company shall use its commercially reasonable efforts to obtain the prompt withdrawal of any order suspending the effectiveness thereof. The Company shall be responsible for all Registration Expenses in connection with any registration pursuant to this Section 2(a). The Company shall promptly supplement and amend such registration statement and the prospectus included therein if required by the rules, regulations or instructions applicable to the registration statement used for such registration statement or by the Securities Act. Except as otherwise provided in this Agreement, any registration statement filed pursuant to this Section 2(a) shall not eliminate any right to registration provided under other sections of this Agreement.
Issuance Registration. 4 ARTICLE III
Issuance Registration. In the event that the Warrant is exercised for Common Units, then the Company, to the extent permitted by applicable rules and regulations promulgated by the SEC, shall file a registration statement with the SEC on the appropriate form for a continuous offering to be made pursuant to Rule 415 providing for the delivery to the Investors of Common Shares issued pursuant to such registration statement upon the tendering of such Common Units for redemption or exchange. The Company will use commercially reasonable best efforts to effect (at the earliest possible date) the registration, under the Securities Act, of such Common Shares. If such registration statement ceases to be effective for any reason at any time prior to the delivery of all Common Shares registered thereunder, then the Company shall use its best efforts to obtain the prompt withdrawal of any order suspending the effectiveness thereof. The Company shall be responsible for all Registration Expenses in connection with any registration pursuant to this Article II. The Company shall promptly supplement and amend such registration statement and the prospectus included therein if required by the rules, regulations or instructions applicable to the registration statement used for such registration statement or by the Securities Act. Any registration statement filed pursuant to this Article II shall not eliminate any right to registration provided under other sections of this Agreement.
Issuance Registration. Not later than October 1, 1998, the Companies shall cause to be filed a registration statement (the "Issuance Registration Statement") under Rule 415 under the Securities Act relating to the issuance of Registrable Shares (as defined in Section 1(b) hereof) to the Holders, at such time, of Redeemable Securities held by other than Affiliates (as defined below). The Companies shall use reasonable efforts to cause such registration statement to be declared effective by the Securities and Exchange Commission (the "SEC") for all Registrable Shares covered thereby as soon as practicable thereafter. The Companies agree to use reasonable efforts to keep the Issuance Registration Statement continuously effective until the date on which such Holders have redeemed or exchanged all of their Redeemable Securities for Registrable Shares. In the event that the Companies are unable to cause such Registration Statement to be declared effective by the SEC or are unable to keep such Registration Statement effective until the date on which such Holders have redeemed or exchanged all of their Redeemable Securities for Registrable Shares, then the rights of the Holders set forth in Sections 1(b) and 1(c) below shall apply to Registrable Shares received upon the redemption of Redeemable Securities. "Affiliate" shall mean any entity controlling, controlled by or under common control with the Companies, and for the purposes of this definition, "control" shall have the meaning presently specified for that word in Rule 405 promulgated by the SEC under the Securities Act.
Issuance Registration. (i) Any issuance of shares of Common Stock pursuant to Section 2.4 of this Agreement or pursuant to a Warrant or Warrants (collectively, the “Fifth Amendment Issuances”) shall be made pursuant to (i) an effective Registration Statement on Form X-0, Xx. 000000, including all amendments thereto, the exhibits and any schedules thereto, the documents otherwise deemed to be a part thereof or included therein or any immediately succeeding registration statement that is filed under the Securities Act on Form S-3 and immediately becomes effective (the “Fifth Amendment Registration Statement”) filed by the Company with the Commission in conformity with the Securities Act under the Rules and Regulations of the Commission, including the prospectus contained therein (the “Fifth Amendment Base Prospectus”) and (ii) a final prospectus supplement filed with the Commission and delivered to the Lenders (a “Fifth Amendment Prospectus Supplement” and, together with the Fifth Amendment Base Prospectus, a “Fifth Amendment Prospectus”) containing amended and/or certain supplemental information regarding the Common Stock and terms of the Fifth Amendment Issuances. If the Company has filed one or more abbreviated registration statements to register additional shares of Common Stock pursuant to Rule 462(b) under the Rules and Regulations (each a “Rule 462(b) Registration Statement”), then any reference herein to the term “Fifth Amendment Registration Statement” shall also be deemed to include any such Rule 462(b) Registration Statement.
