Common use of Closing of Permitted Window Clause in Contracts

Closing of Permitted Window. This Section 11(d) only applies if the Registration Statement is a Shelf Registration Statement. During a Permitted Window and in the event (i) of the happening of any event of the kind described in Section 11(c)(ii) hereof or (ii) that, in the judgment of the President, Chief Executive Officer or the Company's Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a certificate in writing to the Rights Holder to the effect of the foregoing and, upon delivery of such certificate, the Permitted Window shall terminate. The Permitted Window shall resume upon Rights Hxxxxx's receipt of copies of the supplemented or amended Prospectus, or at such time as Rights Holder is advised in writing by the Company that the Prospectus may be used, and at such time as Rights Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, the Permitted Window shall resume no later than 30 days after it has been terminated pursuant to this Section.

Appears in 2 contracts

Samples: WebXU, Inc., WebXU, Inc.

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Closing of Permitted Window. This Section 11(d) only applies if the Registration Statement is a Shelf Registration Statement. During a Permitted Window and in the event (i) of the happening of any event of the kind described in Section 11(c)(ii7.2(c)(ii) hereof or (ii) that, in the judgment of the President, Chief Executive Officer or the Company's Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a certificate in writing to the Rights Holder to the effect of the foregoing and, upon delivery of such certificate, the Permitted Window shall terminate. The Permitted Window shall resume upon Rights Hxxxxxthe Holder's receipt of copies of the supplemented or amended Prospectus, or at such time as Rights the Holder is advised in writing by the Company that the Prospectus may be used, and at such time as Rights the Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, the Permitted Window shall resume no later than 30 days after it has been terminated pursuant to this Section.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Cellegy Pharmaceuticals Inc)

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Closing of Permitted Window. This Section 11(d) only applies if the Registration Statement is a Shelf Registration Statement. During a Permitted Window and in the event (i) of the happening of any event of the kind described in Section 11(c)(ii) hereof or (ii) that, in the judgment of the President, Chief Executive Officer or the Company's ’s Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a certificate in writing to the Rights Holder to the effect of the foregoing and, upon delivery of such certificate, the Permitted Window shall terminate. The Permitted Window shall resume upon Rights Hxxxxx's Holder’s receipt of copies of the supplemented or amended Prospectus, or at such time as Rights Holder is advised in writing by the Company that the Prospectus may be used, and at such time as Rights Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, the Permitted Window shall resume no later than 30 days after it has been terminated pursuant to this Section.

Appears in 1 contract

Samples: Bleach Group, Inc.

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