Common use of Amended Prospectus Clause in Contracts

Amended Prospectus. The Company will notify each Holder of such Underlying Common Stock as expeditiously as possible following the effectiveness of such registration statement, of any request by the Commission for the amending or supplementing of such registration statement or prospectus. If the prospectus is amended to comply with the requirements of the Securities Act, the Holders, if notified by the Company, will immediately cease making offers of the Underlying Common Stock and return all prospectuses to the Company and the Company will promptly provide the Holders with revised prospectuses to enable the Holders to resume making offers of the Underlying Common Stock. The Company will promptly notify the Holders, if after delivery of a prospectus to the Holders, that, in the judgment of the Company, it is advisable to suspend use of the prospectus delivered to the Holders due to pending material developments or other events that have not yet been publicly disclosed and as to which the Company believes public disclosure would be detrimental to the Company. Upon receipt of such notice, each such Holder will immediately discontinue any sales of Underlying Common Stock pursuant to such registration statement until such Holder has received copies of a supplemented or amended prospectus or until such Holder is advised in writing by the Company that the then current prospectus may be used and has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such prospectus.

Appears in 6 contracts

Samples: Subscription Agreement (Aquacell Technologies Inc), Subscription Agreement (Aquacell Technologies Inc), Subscription Agreement (Aquacell Technologies Inc)

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Amended Prospectus. The Company will notify each Holder of such Underlying Common Stock Registrable Securities as expeditiously as possible following the effectiveness of such the registration statementstatement on which the Registrable Securities are registered, and/or of any request by the Securities and Exchange Commission (“Commission”) for the amending or supplementing of such registration statement or prospectus. If the prospectus is amended to comply with the requirements of the Securities Act, the Holders, if notified requested by the Company, will immediately cease making offers of the Underlying Common Stock Registrable Securities and return all prospectuses to the Company Company, and the Company will promptly provide the Holders with revised prospectuses to enable the Holders to resume making offers of the Underlying Common StockRegistrable Securities. The Company will promptly notify the Holders, if after delivery of a prospectus to the Holders, that, in the judgment of the Company, it is advisable to suspend use of the prospectus delivered to the Holders due to pending material developments or other events that have not yet been publicly disclosed and as to which the Company believes public disclosure would be detrimental to the Company. Upon receipt of such notice, each such Holder will immediately discontinue any sales of Underlying Common Stock Registrable Securities pursuant to such registration statement until such Holder has received copies of a supplemented or amended prospectus or until such Holder is advised in writing by the Company that the then current prospectus may be used and has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such prospectus. Notwithstanding anything to the contrary herein, the Company will not exercise its rights under this subsection to suspend sales of Registrable Securities for a period in excess of 60 days in any 365-day period.

Appears in 2 contracts

Samples: Subscription Agreement (AeroGrow International, Inc.), Subscription Agreement (AeroGrow International, Inc.)

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Amended Prospectus. The Company will notify each Holder of such Underlying Common Stock Registrable Securities as expeditiously as possible following the effectiveness of such registration statementstatement filed pursuant to this Section 4, and/or of any request by the Commission for the amending or supplementing of such registration statement or prospectus. If the prospectus is amended to comply with the requirements of the Securities Act, the Holders, if notified requested by the Company, will immediately cease making offers of the Underlying Common Stock Registrable Securities and return all prospectuses to the Company and the Company will promptly provide the Holders with revised prospectuses to enable the Holders to resume making offers of the Underlying Common StockRegistrable Securities. The Company will promptly notify the Holders, if after delivery of a prospectus to the Holders, that, in the judgment of the Company, it is advisable to suspend use of the prospectus delivered to the Holders due to pending material developments or other events that have not yet been publicly disclosed and as to which the Company believes public disclosure would be detrimental to the Company. Upon receipt of such notice, each such Holder will immediately discontinue any sales of Underlying Common Stock Registrable Securities pursuant to such registration statement until such Holder has received copies of a supplemented or amended prospectus or until such Holder is advised in writing by the Company that the then current prospectus may be used and has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such prospectus.

Appears in 1 contract

Samples: Purchase Agreement (Vital Living Inc)

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