Common use of Effectiveness and Events Requiring Notice to the Underwriter Clause in Contracts

Effectiveness and Events Requiring Notice to the Underwriter. The Company will use its best efforts to cause the Registration Statement to remain effective until distribution of the Public Securities is complete and will notify the Underwriter immediately and confirm the notice in writing (i) of the effectiveness of the Registration Statement and any amendment thereto, (ii) of the issuance by the Commission of any stop order or of the initiation, or the threatening, of any proceeding for that purpose when the Company becomes aware of such, (iii) of the issuance by any state securities commission of any proceedings for the suspension of the qualification of the Public Securities for offering or sale in any jurisdiction or of the initiation, or the threatening, of any proceeding for that purpose when the Company becomes aware of such, (iv) of the mailing and delivery to the Commission for filing of any amendment or supplement to the Registration Statement or Prospectus, (v) of the receipt of any comments or request for any additional information from the Commission, and (vi) of the happening of any event during the period described in Section 3.4 hereof that, in the judgment of the Company, makes any statement of a material fact made in the Statutory Prospectus, the Registration Statement, or the Prospectus untrue or that requires the making of any changes in the Registration Statement or the Prospectus in order to make the statements therein, in light of the circumstances under which they were made, not misleading. If the Commission or any state securities commission shall enter a stop order or suspend such qualification during any such time, the Company will make every reasonable effort to obtain promptly the lifting of such order.

Effectiveness and Events Requiring Notice to the Underwriter. The Company will use its best efforts to cause the Registration Statement to remain effective until distribution with a current prospectus through and including the expiration date of the Public Securities is complete Warrants and the Pre-funded Warrants (or the date that all of the Warrants and Pre-funded Warrants have been exercised or duly redeemed, if earlier), and will promptly notify the Underwriter immediately and confirm the notice in writing writing: (i) of the effectiveness of the Registration Statement and any amendment thereto, ; (ii) of the issuance by the Commission of any stop order or of the initiation, or the threatening, of any proceeding for that purpose when the Company becomes aware of such, purpose; (iii) of the issuance by any state securities commission of any proceedings for the suspension of the qualification of the Public Securities for offering or sale in any jurisdiction or of the initiation, or the threatening, of any proceeding for that purpose when the Company becomes aware of such, purpose; (iv) of the mailing and delivery to the Commission for filing of any amendment or supplement to the Registration Statement or Prospectus, ; (v) of the receipt of any comments or request for any additional information from the Commission, ; and (vi) of the happening of any event during the period described in this Section 3.4 hereof 4.4 that, in the judgment of the Company, makes any statement of a material fact made in the Statutory Prospectus, the Registration Statement, Statement or the Prospectus untrue or that requires the making of any changes in the Registration Statement or the Prospectus in order to make the statements therein, in light of the circumstances under which they were made, not misleading. If the Commission or any state securities commission shall enter a stop order or suspend such qualification during at any such time, the Company will make every reasonable effort to obtain promptly the lifting of such order.

Effectiveness and Events Requiring Notice to the Underwriter. The Company will shall use its best efforts to cause the Registration Statement to remain effective until distribution of with a current prospectus for at least nine (9) months after the Public Securities is complete Applicable Time, and will shall notify the Underwriter immediately promptly and confirm the notice in writing writing: (i) of the effectiveness of the Registration Statement and any amendment thereto, (ii) of the issuance by the Commission of any stop order or of the initiation, or the threatening, of any proceeding for that purpose when the Company becomes aware of such, purpose; (iiiii) of the issuance by any state securities commission of any proceedings for the suspension of the qualification of the Public Securities for offering or sale in any jurisdiction or of the initiation, or the threatening, of any proceeding for that purpose when the Company becomes aware of such, purpose; (iviii) of the mailing and delivery to the Commission for filing of any amendment or supplement to the Registration Statement or Prospectus, ; (viv) of the receipt of any comments or request for any additional information from the Commission, ; and (viv) of the happening of any event during the period described in this Section 3.4 hereof 3.5 that, in the judgment of the Company, makes any statement of a material fact made in the Statutory Prospectus, the Registration Statement, the Pricing Disclosure Package or the Prospectus untrue or that requires the making of any changes in (a) the Registration Statement in order to make the statements therein not misleading, or (b) in the Pricing Disclosure Package or the Prospectus in order to make the statements therein, in light of the circumstances under which they were made, not misleading. If the Commission or any state securities commission shall enter a stop order or suspend such qualification during at any such time, the Company will shall make every reasonable effort to obtain promptly the lifting of such order.

Effectiveness and Events Requiring Notice to the Underwriter. The Company will use its best efforts to cause the Registration Statement to remain effective until distribution of the Public Securities is complete and will notify the Underwriter immediately and confirm the notice in writing (i) of the effectiveness of the Registration Statement and any amendment thereto, (ii) of the issuance by the Commission of any stop order or of the initiation, or the threatening, of any proceeding for that purpose when the Company becomes aware of suchpurpose, (iii) of the issuance by any state securities commission of any proceedings for the suspension of the qualification of the Public Securities for offering or sale in any jurisdiction or of the initiation, or the threatening, of any proceeding for that purpose when the Company becomes aware of suchpurpose, (iv) of the mailing and delivery to the Commission for filing of any amendment or supplement to the Registration Statement or Prospectus, (v) of the receipt of any comments or request for any additional information from the Commission, and (vi) of the happening of any event during the period described in Section 3.4 hereof that, in the judgment of the Company, makes any statement of a material fact made in the Statutory Prospectus, the Registration Statement, Statement or the Prospectus untrue or that requires the making of any changes in the Registration Statement or the Prospectus in order to make the statements therein, in light of the circumstances under which they were made, not misleading. If the Commission or any state securities commission shall enter a stop order or suspend such qualification during at any such time, the Company will make every use commercially reasonable effort efforts to promptly obtain promptly the lifting of such order.

Effectiveness and Events Requiring Notice to the Underwriter. The Company will use its best commercially reasonable efforts to cause the Registration Statement to remain effective until distribution of the Public Securities is complete with a current prospectus, and will promptly notify the Underwriter immediately and confirm the notice in writing writing: (i) of the effectiveness of the Registration Statement and any amendment thereto, ; (ii) of the issuance by the Commission of any stop order or of the initiation, or the threatening, of any proceeding for that purpose when the Company becomes aware of such, purpose; (iii) of the issuance by any state securities commission of any proceedings for the suspension of the qualification of the Public Securities Shares for offering or sale in any jurisdiction or of the initiation, or the threatening, of any proceeding for that purpose when the Company becomes aware of such, purpose; (iv) of the mailing and delivery to the Commission for filing of any amendment or supplement to the Registration Statement or Prospectus, ; (v) of the receipt of any comments or request for any additional information from the Commission, ; and (vi) of the happening of any event during the period described in this Section 3.4 hereof 4.4 that, in the judgment of the Company, makes any statement of a material fact made in the Statutory Prospectus, the Registration Statement, Statement or the Prospectus untrue or that requires the making of any changes in the Registration Statement or the Prospectus in order to make the statements therein, in light of the circumstances under which they were made, not misleading. If the Commission or any state securities commission shall enter a stop order or suspend such qualification during at any such time, the Company will make every reasonable effort to obtain promptly the lifting of such order.