Common use of Company Not Ineligible Issuer Clause in Contracts

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and Statement, (ii) as at the earliest time that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the date Rules and Regulations) of the execution Shares and delivery of this Agreement (with such iii) at the date being used as the determination date for purposes of this clause (ii))hereof, the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities Shares and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the Rules and Regulations1933 Act).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the Rules and RegulationsSecurities Act).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement and the ADS Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to the Securities that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Rules and Regulations and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of at the date time of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405), without taking account of any determination by the Commission pursuant to Rule 405 of that it is not necessary that the Rules and Regulations)Company be considered an ineligible issuer.

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Offered Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and any post-effective amendment thereto and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 under the Securities Act), without taking account of any determination by the Rules and Regulations)Commission pursuant to Rule 405 under the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Public Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer,” (as defined in Rule 405 of the Rules and Regulations)405.

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities Offered Shares and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement, any Rule 462(b) Registration Statement relating to the Securities and any post-effective amendments thereto and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the Rules and RegulationsSecurities Act).

Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to that the Securities Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Act) of the Notes and (ii) as of the date of the execution and delivery of this Agreement Execution Time (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405), without taking account of any determination by the Commission pursuant to Rule 405 of that it is not necessary that the Rules and Regulations)Company be considered an Ineligible Issuer.

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Offered Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause clause (ii)), ) the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to the Securities that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act and (ii) as of the date of the execution and delivery of this Agreement Applicable Time (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and RegulationsSecurities Act).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Public Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer,” (as defined in Rule 405 405, except with respect to clause (1)(ii)(C) of the Rules and Regulations)such term as defined in Rule 405.

Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to the Securities that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Rules and Regulations), and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not not, and on the date hereof is not not, an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the Rules and RegulationsSecurities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.

Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to covering the offering of the Securities that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act) and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the Rules and RegulationsSecurities Act).;

Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to the Securities Shares that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Rules and Regulations and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Regulations).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities Placement Shares and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 of the Rules and Securities Act Regulations).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities Preliminary Offering Memorandum and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this the clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the Rules and RegulationsSecurities Act).

Company Not Ineligible Issuer. (i) At the earliest time after the filing of filing the Registration Statement relating to the Securities Notes that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the 0000 Xxx) and (ii) as of the date of the execution and delivery of this Agreement Execution Time (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the Rules and Regulations1933 Act).

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer,” (as defined in Rule 405 of the Rules and Regulations)405.

Company Not Ineligible Issuer. (i) At the time of filing the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of the Rules and RegulationsAct).

Company Not Ineligible Issuer. (i) At the time of filing of the Registration Statement relating to the Securities and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” Ineligible Issuer (as defined in Rule 405 of under the Rules and RegulationsSecurities Act)., without taking account