Common use of AVAILABLE Clause in Contracts

AVAILABLE. The legend set forth above shall be removed by the Corporation from any certificate evidencing the Common Shares issuable upon exercise of the Warrants only (i) upon receipt by the Corporation of an opinion in form and substance satisfactory to the Corporation that such legend may be removed pursuant to Rule 144 promulgated under the 1933 Act, (ii) upon confirmation that a registration statement under the 1933 Act is at that time in effect with respect to such Common Shares, that such transfer will not jeopardize the exemption or exemptions from registration pursuant to which the respective Common Shares were issued and that the Holder will comply with the prospectus delivery requirements in connection with any re-sale of the respective Common Shares.