Effectiveness of the Registration Statements. The Company shall use its best efforts either: (i) to have the Initial Registration Statement declared effective by the SEC in no event later than ninety-seven (97) calendar days after the Subscription Date and to have the Subsequent Registration Statement declared effective by the SEC in no event later than 150 calendar days after the Subscription Date, or (ii) to have the Combined Registration Statement declared effective by the SEC in on event later than ninety-seven (97) calendar days after the Subscription Date. The Company shall ensure that all Registration Statements remain in effect for a period ending 180 days following the earlier of termination of the Commitment Period and termination of the Investor's obligations pursuant to Section 2.4 of the Stock Purchase Agreement; provided that such period shall be extended one day for each day after the applicable Effective Date, that any Registration Statement covering shares purchased by the Investor is not effective during the period such Registration Statement is required to be effective pursuant to this Agreement; and provided further that the Company shall not be required to ensure that any Registration Statement covering shares purchased by the Investor remain in effect for such 180 day period if the shares registered thereunder shall have become freely tradable pursuant to Rule 144(k) of the Securities Act or have otherwise been sold.
Effectiveness of the Registration Statements. The following conditions for effectiveness shall apply to the Registration Statements required to be filed by the Company with the SEC pursuant to paragraph (a) above, without limiting the Company's obligation to file such Registration Statements. The Company shall use its best efforts: (i) to have the First Registration Statement declared effective by the SEC in no event later than 120 calendar days after the Closing Date relating to the First Sale and (ii) to have each Subsequent Registration Statement declared effective by the SEC in no event later than 60 calendar days after the Closing Date relating to each Unregistered Sale and in any event prior to any further Subsequent Sales. The Company shall ensure that all Registration Statements and any amendments thereto remain in effect for a period ending 180 days following the later of (1) the date of expiration of the Incentive Warrant Exercise Period (as such term is defined in the Incentive Warrant) if the Incentive Warrant has not been exercised in full and (2) the date all Registrable Securities issued or issuable to the Investor pursuant to the Stock Purchase Agreement may be sold by the Investor without registration and without any time, volume or manner limitations pursuant to Rule 144(k) (or any similar provision then in effect) under the Securities Act; provided that such period shall be extended one day for each day after the applicable Effective Date that any Registration Statement covering Registrable Securities is not effective during the period such Registration Statement is required to be effective pursuant to this Agreement; and provided further that the Company shall not be required to ensure that any Registration Statement covering Registrable Securities remain in effect for such period if the shares registered thereunder shall have become freely tradable pursuant to Rule 144(k) of the Securities Act as such Rule may be amended from time to time, or have otherwise been sold.
Effectiveness of the Registration Statements. Each of the Registration Statement and the Resale Registration Statement shall have been declared effective by the SEC under the Securities Act. No stop order suspending the effectiveness of the Registration Statement or the Resale Registration Statement shall have been issued by the SEC and no Proceeding for that purpose shall have been initiated or, to the knowledge of Parent or the Company, threatened by the SEC.
Effectiveness of the Registration Statements. The Form S-4 shall have been declared effective by the SEC under the Securities Act and shall cover the Parent Common Shares, Exchangeable Shares, Units and Class B Shares issued at or immediately after the Effective Time. The Form S-3 shall have been declared effective by the SEC under the Securities Act and shall cover the Parent Common Shares to be issued upon the exchange of Exchangeable Shares, if no exemption from registration under the Securities Act is available for such shares. No stop order suspending the effectiveness of the Form S-4 or Form S- 3, if any, shall have been issued by the SEC and no proceedings for that purpose and no similar proceeding in respect of the Joint Proxy Statement/Prospectus shall have been initiated or threatened by the SEC or any provincial securities regulatory authority in Canada; (b)
Effectiveness of the Registration Statements. The Registration Statement and the Exchange Act Registration Statement shall have been declared effective; no stop order suspending the effectiveness of the Registration Statement or the Exchange Act Registration Statement shall have been issued by the SEC and no proceedings for that purpose shall have been initiated; and no similar proceeding in respect of the Joint Proxy Statement shall have been initiated or, to the Knowledge of any Party, threatened by the SEC.
Effectiveness of the Registration Statements. The Company will use its -------------------------------------------- best efforts to cause the Registration Statements contemplated by the previous Section to be declared effective by the SEC as soon as practicable after filing, and in any event no later than the 30th day after the filing date (the "Required -------- Effective Date"). However, so long as the Company filed the applicable -------------- Registration Statement within the time period required by Section 2.1, if the Registration Statement receives any SEC review, then the Required Effective Date will be the 100th day after the filing date. The Company's best efforts will include, but are not be limited to, promptly responding to all comments received from the staff of the SEC. If the Company receives notification from the SEC that the Registration Statement will receive no action or review from the SEC, then the Company will request that the Registration Statement become effective within five business days after such SEC notification.
Effectiveness of the Registration Statements. The Company shall use its best efforts: (i) to have the Initial Registration Statement declared effective by the SEC in no event later than one hundred and fifty (150) calendar days after the Subscription Date, (ii) to have each Subsequent Registration Statement declared effective by the SEC in no event later than ninety (90) calendar days after each applicable Closing Date and (iii) to insure that each Registration Statement remains in effect for a period ending 180 days following the earlier of termination of the Commitment Period and termination of the Investor's obligations pursuant to Section 2.7 of the Stock Purchase Agreement; provided that such period shall be extended one day for each day after the applicable Effective Date, that the Registration Statement covering (i) shares purchased by the Investor through the applicable Put and (ii) the Additional Warrant Shares related to such Put, is not effective during the period such Registration Statement is required to be effective pursuant to this Agreement.
Effectiveness of the Registration Statements. The Company shall use its best efforts: (i) to have the Initial Registration Statement declared effective by the SEC in no event later than 150 days after such Registration Statement has been filed, (ii) to have the Second Registration Statement declared effective by the SEC in no event later than ninety (90) calendar days after the date of issuance of Convertible Note No. 2 and (iii) to ensure that each Registration Statement remains in effect for a period ending 180 days following termination of the Commitment Period; provided that such period shall be extended one day for each day after the applicable Effective Date, that a Registration Statement covering is not effective during the period such Registration Statement is required to be effective pursuant to this Agreement.
Effectiveness of the Registration Statements. The Company shall use its best efforts either: (i) to have the Initial Registration Statement declared effective by the SEC in no event later than ninety (90) calendar days after the Subscription Date and to have the Subsequent
Effectiveness of the Registration Statements. The following conditions for effectiveness shall apply to the Registration Statements required to be filed by the Company with the SEC pursuant to paragraph (a) above, without limiting the Company's obligation to file such Registration Statements. If the Company is required to file a November Registration Statement pursuant to Section 1.1(a)(ii), the Company shall use its best efforts to have the November Registration Statement declared effective by the SEC in no event later than February 20, 2002. If the Company is required to file a December Registration Statement pursuant to Section 1.1(a)(iii), the Company shall use its best efforts to have the December Registration Statement declared effective by the SEC in no event later than March 20, 2002. The Company shall ensure that each Registration Statement and any amendments thereto remain in effect until the date any of the Registrable Securities covered by such Registration Statement and issued or issuable to the Investor pursuant to the Stock Purchase Agreement may be sold by the Investor without registration pursuant to Rule 144 (or any similar provision then in effect) under the Securities Act or have otherwise been sold.
