Common use of Alternative Registration Statement Clause in Contracts

Alternative Registration Statement. Notwithstanding the foregoing Section 2(a), if on the date the Registration Statement contemplated by Section 2(a) is filed with the SEC, the Company does not meet the eligibility requirements for filing a Registration Statement on Form S-3, then in such case the Company shall instead prepare and file with the SEC a Registration Statement on Form S-1 (or any successor form) covering the resale of the Registrable Securities as otherwise contemplated by Section 2(a).

Appears in 5 contracts

Samples: Registration Rights Agreement (Ameris Bancorp), Registration Rights Agreement (Ameris Bancorp), Stock Purchase Agreement (Ameris Bancorp)

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Alternative Registration Statement. Notwithstanding the foregoing Section 2(aparagraph 1.3(a), if on the date the Registration Statement contemplated by Section 2(a) is filed with the SECFiling Deadline, the Company does not meet the eligibility requirements for filing a Registration Statement registration statement on Form S-3, then in such case the Company shall instead prepare and file with the SEC a Registration Statement registration statement meeting the foregoing requirements on Form S-1 (or any successor form) covering the resale of the Registrable Securities as otherwise contemplated by Section 2(a)Form S-2.

Appears in 5 contracts

Samples: Registration Rights Agreement (Verso Technologies Inc), Registration Rights Agreement (Verso Technologies Inc), Registration Rights Agreement (Verso Technologies Inc)

Alternative Registration Statement. Notwithstanding the foregoing Section paragraph 2(a), if on the date the Registration Statement contemplated by Section 2(a) is filed with the SECFiling Deadline, the Company does not meet the eligibility requirements for filing a Registration Statement on Form S-3, then in such case the Company shall instead prepare and file with the SEC Commission a Registration Statement meeting the foregoing requirements on Form S-1 (or any successor form) covering the resale of the Registrable Securities as otherwise contemplated by Section 2(a)Form S-2.

Appears in 3 contracts

Samples: Registration Rights Agreement (Tri-S Security Corp), Registration Rights Agreement (Tri-S Security Corp), Registration Rights Agreement (Kaizen Management, L.P.)

Alternative Registration Statement. Notwithstanding the foregoing Section 2(a), if on the date the Registration Statement contemplated by Section 2(a) is filed with the SECCommission, the Company does not meet the eligibility requirements for filing a Registration Statement on Form S-3, then in such case the Company shall instead prepare and file with the SEC Commission a Registration Statement meeting the foregoing requirements on Form S-1 (or any successor form) covering the resale of the Registrable Securities as otherwise contemplated by Section 2(a)S-1.

Appears in 1 contract

Samples: Registration Rights Agreement (Adcare Health Systems Inc)

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Alternative Registration Statement. Notwithstanding the foregoing Section 2(a), if on the date the Registration Statement contemplated by Section 2(a) is filed with the SEC, the Company does not meet the eligibility requirements for filing a Registration Statement on Form S-3, then in such case the Company shall instead prepare and file with the SEC a Registration Statement on Form S-1 (or any successor form) covering the resale of the Registrable Securities as otherwise contemplated by Section 2(a).

Appears in 1 contract

Samples: Registration Rights Agreement (Adcare Health Systems, Inc)

Alternative Registration Statement. Notwithstanding the foregoing Section 2(a), if on the date the Registration Statement contemplated by Section 2(a) is filed with the SEC, the Company does not meet the eligibility requirements for filing a Registration Statement on Form S-3, then in such case the Company shall instead prepare and file with the SEC a Registration Statement meeting the foregoing requirements on Form S-1 (or any successor form) covering the resale of the Registrable Securities as otherwise contemplated by Section 2(a)S-1.

Appears in 1 contract

Samples: Registration Rights Agreement (Adcare Health Systems, Inc)

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