Common use of Alternative Registration Statement Clause in Contracts

Alternative Registration Statement. Notwithstanding the foregoing paragraph 2(a), if at the relevant date set forth in paragraph 2(a) for filing a Registration Statement, 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 Commission a Registration Statement meeting the foregoing requirements on Form S-1 or Form S-2, and in such event, the Company shall re-file such Registration Statement, or file a new Registration Statement covering at least the number of shares then registered on the existing Registration Statement(s) (and not previously sold pursuant to an existing Registration Statement or pursuant to Rule 144 under the Securities Act ("Rule 144")), on Form S-3 as promptly as practicable (but in no event later than thirty (30) days) after the Company meets the eligibility requirements to use Form S-3 for the resale of Registrable Securities by each Investor.

Alternative Registration Statement. Notwithstanding the foregoing paragraph 2(a), if at the relevant date set forth in paragraph 2(a) for filing a Registration Statement, dates the Company does not meet the eligibility requirements for filing a Registration Statement on Form S-3, then in each such case the Company shall instead prepare and file with the Commission a Registration Statement meeting the foregoing requirements on Form S-1 or Form S-2, and in such event, the Company shall re-file such Registration Statement, or file a new Registration Statement covering at least the number of shares then registered on the existing Registration Statement(s) (and not previously sold pursuant to an existing Registration Statement or pursuant to Rule 144 under the Securities Act ("“Rule 144"”)), on Form S-3 as promptly as practicable (but in no event later than thirty (30) days) after the Company meets the eligibility requirements to use Form S-3 for the resale of Registrable Securities by each Investor.

Alternative Registration Statement. Notwithstanding the foregoing paragraph 2(a), if at the relevant date set forth in paragraph 2(a) for filing a Registration Statement, 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 Commission a Registration Statement meeting the foregoing requirements on Form S-1 or Form S-2S-1, and in such event, the Company shall re-file such Registration Statement, or file a new Registration Statement covering at least the number of shares then registered on the existing Registration Statement(s) (and not previously sold pursuant to an existing Registration Statement or pursuant to Rule 144 under the Securities Act ("“Rule 144"”)), on Form S-3 as promptly as practicable (but in no event later than thirty (30) days) after the Company meets the eligibility requirements to use Form S-3 for the resale of Registrable Securities by each Investor.

Alternative Registration Statement. Notwithstanding the foregoing paragraph 2(a), if at on the relevant date set forth in paragraph 2(a) for filing a Registration StatementFiling 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 Commission a Registration Statement meeting the foregoing requirements on Form S-1 or Form S-2, and in such event, the Company shall re-file such Registration Statement, or file a new Registration Statement covering at least the number of shares then registered on the existing Registration Statement(s) (and not previously sold pursuant to an existing Registration Statement or pursuant to Rule 144 under the Securities Act ("“Rule 144"”)), on Form S-3 as promptly as practicable (but in no event later than thirty (30) days) days after the Company meets the eligibility requirements to use Form S-3 for the resale of Registrable Securities by each Investor).