Amendment or Supplement to Registration Statement. In the event that, at any time when a prospectus relating to such Registrable Securities is required to be delivered under the Securities Act, the Company determines that any event shall have occurred as the result of which any such prospectus or any other prospectus then in effect would include an untrue statement of a material fact or omit a material fact necessary to make the statements therein, in light of the circumstances in which they were made, not misleading or if the Company determines that an amendment to the registration statement or supplement to the prospectus is advisable before further sales of Registrable Securities should be made, prepare and file as soon as reasonable with the Commission such amendment to the registration statement or supplement to the prospectus and promptly notify each Holder of Registrable Securities covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions; provided that if the Board of Directors of the Company determines that amending the registration statement or supplementing the prospectus might be detrimental to the Company, then, notwithstanding this Section 5.7, the Company may defer such amendment or supplement for up to 120 days, provided that: (i) the Company shall not use such right of deferral with respect to any registration statement for more than an aggregate of 120 days in any 12-month period; and (ii) the number of days the Company is required to keep the registration statement effective shall be extended by the number of days for which the Company shall have used such right of deferral;
Appears in 2 contracts
Samples: Investors Rights Agreement (Oculus Innovative Sciences, Inc.), Investors Rights Agreement (Oculus Innovative Sciences, Inc.)
Amendment or Supplement to Registration Statement. In Prepare and file as soon as reasonably practicable with the event thatCommission and promptly notify each Warrantholder whose Shares are covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions if, at any the time when a prospectus relating to such Registrable Securities securities is required to be delivered under the Securities Act, the Company determines that any event shall have occurred as the result of which any such prospectus or any other prospectus as then in effect would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they were made, not misleading or if the Company determines that an amendment to the registration statement or supplement to the prospectus is advisable before further sales of Registrable Securities Shares should be made, prepare and file as soon as reasonable with the Commission such amendment to the registration statement or supplement to the prospectus and promptly notify each Holder of Registrable Securities covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions; provided that if the Board of Directors of the Company determines that amending the registration statement or supplementing the prospectus might be detrimental to the Company, then, then notwithstanding this Section 5.7, 4.4(f) the Company may defer such amendment or supplement for up to 120 days, provided that: (i) the Company shall not use such right of deferral with respect to any registration statement for more than an aggregate of 120 days in any 12-month period; and (ii) the number of days the Company is required to keep the registration statement effective shall be extended by the number of days for which the Company shall have used such right of deferral;
Appears in 1 contract
Amendment or Supplement to Registration Statement. In Prepare and file as soon as reasonable with the event thatCommission and promptly notify each Warrantholder whose Registrable Securities are covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions if, at any the time when a prospectus relating to such Registrable Securities securities is required to be delivered under the Securities Act, the Company determines that any event shall have occurred as the result of which any such prospectus or any other prospectus as then in effect would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they were made, not misleading or if the Company determines that an amendment to the registration statement or supplement to the prospectus is advisable before further sales of Registrable Securities Shares should be made, prepare and file as soon as reasonable with the Commission such amendment to the registration statement or supplement to the prospectus and promptly notify each Holder of Registrable Securities covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions; provided that if the Board of Directors of the Company determines that amending the registration statement or supplementing the prospectus might be detrimental to the Company, then, then notwithstanding this Section 5.7, 4.4(f) the Company may defer such amendment or supplement for up to 120 calendar days, provided that: (i) the Company shall not use such right of deferral with respect to any registration statement for more than an aggregate of 120 days in any 12-month period; and (ii) the number of days the Company is required to keep the registration statement effective shall be extended by the number of days for which the Company shall have used such right of deferral;
Appears in 1 contract
Samples: Managing Dealer Warrant Agreement (Spare Backup, Inc.)
Amendment or Supplement to Registration Statement. In Prepare and file as soon as reasonable with the event thatCommission and promptly notify each Holder of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions if, at any the time when a prospectus relating to such Registrable Securities securities is required to be delivered under the Securities Act, the Company determines that any event shall have occurred as the result of which any such prospectus or any other prospectus as then in effect would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they were made, not misleading or if the Company determines that an amendment to the registration statement or supplement to the prospectus is advisable before further sales of Registrable Securities should be made, prepare and file as soon as reasonable with the Commission such amendment to the registration statement or supplement to the prospectus and promptly notify each Holder of Registrable Securities covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions; provided that if the Board of Directors of the Company determines that amending the registration statement or supplementing the prospectus might be detrimental to the Company, then, notwithstanding this Section 5.72(c)(vi), the Company may defer such amendment or supplement for up to 120 daysdays (an "ALLOWED DELAY"), provided that: (i) that the Company shall not use such right of deferral with respect to any registration statement for more than an aggregate of 120 days in any 12-month period; and (ii) the number of days the Company is required to keep the registration statement effective shall be extended by the number of days for which the Company shall have used such right of deferral;."
Appears in 1 contract
Samples: Registration Rights Agreement (Raptor Networks Technology Inc)
Amendment or Supplement to Registration Statement. In Prepare and file as soon as reasonable with the event thatCommission and promptly notify each Warrantholder whose Shares are covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions if, at any the time when a prospectus relating to such Registrable Securities securities is required to be delivered under the Securities Act, the Company determines that any event shall have occurred as the result of which any such prospectus or any other prospectus as then in effect would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they were made, not misleading or if the Company determines that an amendment to the registration statement or supplement to the prospectus is advisable before further sales of Registrable Securities Shares should be made, prepare and file as soon as reasonable with the Commission such amendment to the registration statement or supplement to the prospectus and promptly notify each Holder of Registrable Securities covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions; provided that if the Board of Directors of the Company determines that amending the registration statement or supplementing the prospectus might be detrimental to the Company, then, then notwithstanding this Section 5.7, 4.4(g) the Company may defer such amendment or supplement for up to 120 days, provided that: (i) the Company shall not use such right of deferral with respect to any registration statement for more than an aggregate of 120 days in any 12-month period; and (ii) the number of days the Company is required to keep the registration statement effective shall be extended by the number of days for which the Company shall have used such right of deferral;
Appears in 1 contract
Samples: Placement Agent Warrant Agreement (Raptor Networks Technology Inc)
Amendment or Supplement to Registration Statement. In Prepare and file as soon as reasonable with the event thatCommission and promptly notify each Holder of Registrable Securities covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions if, at any the time when a prospectus relating to such Registrable Securities securities is required to be delivered under the Securities Act, the Company determines that any event shall have occurred as the result of which any such prospectus or any other prospectus as then in effect would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they were made, not misleading or if the Company determines that an amendment to the registration statement or supplement to the prospectus is advisable before further sales of Registrable Securities should be made, prepare and file as soon as reasonable with the Commission such amendment to the registration statement or supplement to the prospectus and promptly notify each Holder of Registrable Securities covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions; provided that if the Board of Directors of the Company determines that amending the registration statement or supplementing the prospectus might be detrimental to the Company, then, notwithstanding this Section 5.75.6, the Company may defer such amendment or supplement for up to 120 days, provided that: (i) the Company shall not use such right of deferral with respect to any registration statement for more than an aggregate of 120 days in any 12-month period; and (ii) the number of days the Company is required to keep the registration statement effective shall be extended by the number of days for which the Company shall have used such right of deferral;
Appears in 1 contract
Amendment or Supplement to Registration Statement. In Prepare and file as soon as reasonable with the event thatCommission and promptly notify each Warrantholder whose Registrable Securities are covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions if, at any the time when a prospectus relating to such Registrable Securities securities is required to be delivered under the Securities Act, the Company determines that any event shall have occurred as the result of which any such prospectus or any other prospectus as then in effect would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they were made, not misleading or if the Company determines that an amendment to the registration statement or supplement to the prospectus is advisable before further sales of Registrable Securities Shares should be made, prepare and file as soon as reasonable with the Commission such amendment to the registration statement or supplement to the prospectus and promptly notify each Holder of Registrable Securities covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions; provided that if the Board of Directors of the Company determines that amending the registration statement or supplementing the prospectus might be detrimental to the Company, then, then notwithstanding this Section 5.7, 4.3(f) the Company may defer such amendment or supplement for up to 120 days, provided that: (i) the Company shall not use such right of deferral with respect to any registration statement for more than an aggregate of 120 days in any 12-month period; and (ii) the number of days the Company is required to keep the registration statement effective shall be extended by the number of days for which the Company shall have used such right of deferral;
Appears in 1 contract
Samples: Managing Dealer Warrant Agreement (Expert Systems Inc)
Amendment or Supplement to Registration Statement. In Prepare and file as soon as reasonable with the event thatCommission and promptly notify each Warrantholder whose Shares are covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions if, at any the time when a prospectus relating to such Registrable Securities securities is required to be delivered under the Securities Act, the Company determines that any event shall have occurred as the result of which any such prospectus or any other prospectus as then in effect would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they were made, not misleading or if the Company determines that an amendment to the registration statement or supplement to the prospectus is advisable before further sales of Registrable Securities Shares should be made, prepare and file as soon as reasonable with the Commission such amendment to the registration statement or supplement to the prospectus and promptly notify each Holder of Registrable Securities covered by such registration statement of the filing of such amendment or supplement to the registration statement or prospectus as may be necessary to correct any statements or omissions; provided that if the Board of Directors of the Company determines that amending the registration statement or supplementing the prospectus might be detrimental to the Company, then, then notwithstanding this Section 5.7, 4.3(f) the Company may defer such amendment or supplement for up to 120 days, provided that: (i) the Company shall not use such right of deferral with respect to any registration statement for more than an aggregate of 120 days in any 12-month period; and (ii) the number of days the Company is required to keep the registration statement effective shall be extended by the number of days for which the Company shall have used such right of deferral;
Appears in 1 contract
Samples: Series H Dealer Warrant Agreement (Raptor Networks Technology Inc)