Common use of Renewal of Registration Statement Clause in Contracts

Renewal of Registration Statement. If immediately prior to the third anniversary of March 2, 2012 (such third anniversary, the “Renewal Deadline”) any of the Securities remain unsold by the Underwriter, the Company will, prior to the Renewal Deadline, promptly notify the Underwriter and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such Securities, in a form satisfactory to the Underwriter. If at the Renewal Deadline any of the Securities remain unsold by the Underwriter and the Company is not eligible to file an automatic shelf registration statement, the Company will, if it has not already done so, promptly notify the Underwriter and file a new shelf registration statement or post-effective amendment on the proper form relating to such Securities in a form satisfactory to the Underwriter, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Underwriter of such effectiveness. The Company will take all other action necessary or appropriate to permit the public offering and sale of the Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Simon Property Group Inc /De/)

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Renewal of Registration Statement. If immediately prior to the third anniversary of March 2May 23, 2012 2016 (such third anniversary, the “Renewal Deadline”) any of the Securities remain unsold by the UnderwriterUnderwriters, the Company will, prior to the Renewal Deadline, promptly notify the Underwriter Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations405) relating to such Securities, in a form satisfactory to the UnderwriterRepresentatives. If at the Renewal Deadline any of the Securities remain unsold by the Underwriter Underwriters and the Company is not eligible to file an automatic shelf registration statement, the Company will, if it has not already done so, promptly notify the Underwriter Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Securities in a form satisfactory to the UnderwriterRepresentatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Underwriter Representatives of such effectiveness. The Company will take all other action necessary or appropriate to permit the public offering and sale of the Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Retail Opportunity Investments Partnership, LP)

Renewal of Registration Statement. If immediately prior to the third anniversary of March 2February 23, 2012 2018 (such third anniversary, the “Renewal Deadline”) any of the Securities remain unsold by the UnderwriterUnderwriters, the Company will, prior to the Renewal Deadline, promptly notify the Underwriter Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such Securities, in a form satisfactory to the UnderwriterRepresentatives. If at the Renewal Deadline any of the Securities remain unsold by the Underwriter Underwriters and the Company is not eligible to file an automatic shelf registration statement, the Company will, if it has not already done so, promptly notify the Underwriter Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Securities in a form satisfactory to the Underwriter, Representatives and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Underwriter Representatives of such effectiveness. The Company will take all other action necessary or appropriate to permit the public offering and sale of the Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may beapplicable.

Appears in 1 contract

Samples: Underwriting Agreement (Simon Property Group L P /De/)

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Renewal of Registration Statement. If immediately prior to the third anniversary of March 2June 3, 2012 2013 (such third anniversary, the “Renewal Deadline”) any of the Securities remain unsold by the UnderwriterUnderwriters, the Company will, prior to the Renewal Deadline, promptly notify the Underwriter Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations405) relating to such Securities, in a form satisfactory to the UnderwriterRepresentatives. If at the Renewal Deadline any of the Securities remain unsold by the Underwriter Underwriters and the Company is not eligible to file an automatic shelf registration statement, the Company will, if it has not already done so, promptly notify the Underwriter Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Securities in a form satisfactory to the UnderwriterRepresentatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Underwriter Representatives of such effectiveness. The Company will take all other action necessary or appropriate to permit the public offering and sale of the Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Appears in 1 contract

Samples: Retail Opportunity (Retail Opportunity Investments Partnership, LP)

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