We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of Eligibility for Form S-3 Clause in Contracts

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 4 contracts

Samples: Registration Rights Agreement (Saflink Corp), Registration Rights Agreement (Saflink Corp), Registration Rights Agreement (Saflink Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Buyer and any other Purchaser Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3. In the event that Form S-3 is not available for sale by the Investors of the Registrable Securities, the Company shall register the sale on another appropriate form.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Syquest Technology Inc), Securities Purchase Agreement (Syquest Technology Inc), Securities Purchase Agreement (Syquest Technology Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Buyer and any other Purchaser Investor of the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3. If Form S-3 is not available for sale by the Investors of the Registrable Securities, the Company shall register the sale on another appropriate form.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Syquest Technology Inc), Securities Purchase Agreement (Syquest Technology Inc), Securities Purchase Agreement (Syquest Technology Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of that on the date hereof, it may not meet, and covenants that it shall use its best efforts to meet hereof the Company meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of all Shares being purchased by the Registrable Securities Purchaser hereunder and the Company shall file has filed all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such obtain eligibility or to become eligible for the use of Form S-3.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Biomarin Pharmaceutical Inc), Securities Purchase Agreement (La Jolla Pharmaceutical Co), Securities Purchase Agreement (Biomarin Pharmaceutical Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Holder and any other Purchaser Holder of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 3 contracts

Samples: Resale Registration Rights Agreement (Kinderhook Partners, Lp), Resale Registration Rights Agreement (Active Power Inc), Registration Rights Agreement (American Superconductor Corp /De/)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to will meet the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Investors and any other Purchaser Investor of the Registrable Securities on June 30, 1999, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such its eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Think New Ideas Inc), Securities Purchase Agreement (Think New Ideas Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities Securities. The Company covenants and agrees that throughout the Registration Period (as herein defined), the Company shall continue to be eligible to use Form S-3 for registration of such re-sale and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Aasche Transportation Services Inc), Registration Rights Agreement (Biospherics Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets all of the requirements for the use of Form S-3 for registration the Registration of the re-sale by the Initial Purchaser and any other Purchaser of transferee who purchases the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC Commission in a timely manner so manner, and shall take such other actions as may be necessary to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Data Systems & Software Inc), Securities Purchase Agreement (Mediax Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner manner, and take any and all such other actions as may be reasonably necessary or appropriate so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Dynagen Inc), Master Registration Rights Agreement (Dynagen Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, meets the registrant eligibility and covenants that it shall use its best efforts to meet the transaction requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities by the Investors, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Goldman Sachs Group Lp), Registration Rights Agreement (Biofield Corp \De\)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, that it may not does meet, and covenants that it shall use its reasonable best efforts to continue to meet the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser Purchasers of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Private Media Group Inc), Securities Purchase Agreement (Private Media Group Inc)

Eligibility for Form S-3. The Company represents and warrants that, that ------------------------ as of it meets the date hereof, it may not meet, registrant eligibility and covenants that it shall use its best efforts to meet the transaction requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Investors and any other Purchaser Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Aastrom Biosciences Inc), Registration Rights Agreement (Aastrom Biosciences Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereofof this agreement, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Seller and any other Purchaser transferee or assignee of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Focus Enhancements Inc), Registration Rights Agreement (Focus Enhancements Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet currently meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of that the Registrable Securities Company shall use its best efforts to continue to meet such requirements, and that such re-sales may currently be effected pursuant to Form S-3; the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3S-3 and shall use its best efforts in all other respects to maintain such eligibility.

Appears in 2 contracts

Samples: Registration Rights Agreement (Softnet Systems Inc), Registration Rights Agreement (Softnet Systems Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet currently meets all of the requirements for the use of Form S-3 for the registration of the re-sale by the Initial Purchaser Stockholders and any other Purchaser of transferee who purchases the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC Commission in a timely manner so manner, and shall take such other actions as may be necessary to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Pharmos Corp), Merger Agreement (Pharmos Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Investor and any other Purchaser Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Waverider Communications Inc), Registration Rights Agreement (Waverider Communications Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Buyer and any other Purchaser Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 2 contracts

Samples: Registration Rights Agreement (Immunogen Inc), Registration Rights Agreement (Neorx Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ that it meets as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet hereof the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Investor and any other Purchaser Investor of the Registrable Securities and the Company shall use its best efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Intelligent Electronics Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ that it meets as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet hereof the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser Xxxxxxx of the Registrable Securities and the Company shall use its best efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Eastwind Group Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meets and will meet the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Investors and any other Purchaser Investors of the Registrable Securities and the Company has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Amnex Inc)

Eligibility for Form S-3. The Company represents and warrants that, that ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Buyer and any other Purchaser Investor of the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3. If Form S-3 is not available for sale by the Investors of the Registrable Securities, upon request of the Investors the Company shall register the sale on another appropriate form. The Company shall have a reasonable period of time to complete such registration.

Appears in 1 contract

Samples: Securities Purchase Agreement (Syquest Technology Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of that on the date hereof, it may not meet, and covenants that it shall use its best efforts to meet hereof the Company meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser Purchasers of the Registrable Securities and the Company shall file has filed all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such obtain eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ciphergen Biosystems Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, that it may not does meet, and covenants that it shall use its best efforts continue to meet the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Vialink Co)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet the meetsthe registrant eligibility and transaction requirements for the use of Form S-3 for registration of the re-sale thesale by the Initial Purchaser Investors and any other Purchaser Investors of the Registrable Securities and the Company shall Companyshall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain tomaintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Hillman Co)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet ------------------------ meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser Buyer of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3. In the event that Form S-3 is not available for registration of the Registrable Securities, the Company shall register the securities on another appropriate form.

Appears in 1 contract

Samples: Registration Rights Agreement (Nanopierce Technologies Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the current requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Starbase Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ to its knowledge, except as of set forth in Schedule 3(a)(xiii) to the date hereofSecurities Purchase Agreement, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Investors and any other Purchaser Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Fidelity Holdings Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Franklin Telecommunications Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ that as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet the requirements Company meets the conditions for the use of Form S-3 for the registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible offered for the use account of Form S-3the Investor.

Appears in 1 contract

Samples: Registration Rights Agreement (Rom Tech Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Dynagen Inc)

Eligibility for Form S-3. The Company represents and represents, warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that on the date hereof it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser Investors of the Registrable Securities and the Company has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.all

Appears in 1 contract

Samples: Registration Rights Agreement (Oncor Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the registrant eligibility requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Investors and any other Purchaser Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (American Banknote Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ that as of the date hereof, hereof it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Buyers and any other Purchaser Investor of the Registrable Securities and the Company has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Worldtalk Communications Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser Investor of the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.the

Appears in 1 contract

Samples: Registration Rights Agreement (Dynagen Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Investor and any other Purchaser Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Ashton Technology Group Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet ------------------------ meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Investors and any other Purchaser Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (American Telesource International Inc)

Eligibility for Form S-3. The Company represents and represents, warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to will meet the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Buyers and any other Purchaser Investor of the Registrable Securities on and after the thirtieth (30th) day following that date of issuance of any Series A Preferred Shares and the Company has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.so

Appears in 1 contract

Samples: Registration Rights Agreement (Telular Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall will use its best reasonable efforts to meet the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities Investor and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Investor Rights Agreement (Aviation General Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets all of the requirements for the use of Form S-3 for registration the Registration of the re-sale by the Initial Purchaser and any other Purchaser of transferees thereof who purchases the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC Commission in a timely manner so manner, and shall take such other actions as may be necessary to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Advanced Viral Research Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser Buyer of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3. In the event that Form S-3 is not available for registration of the Registrable Securities, the Company shall register the securities on another appropriate form. PAGE 6 3.

Appears in 1 contract

Samples: Registration Rights Agreement (Rentech Inc /Co/)

Eligibility for Form S-3. The Company represents and represents, warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to will meet the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities on June 14, 2000 and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3S-3 following June 14, 2000.

Appears in 1 contract

Samples: Securities Purchase Agreement (Genesisintermedia Com Inc)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet ------------------------ currently meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of that the Registrable Securities Company shall use its best efforts to continue to meet such requirements, and that such re-sales may currently be effected pursuant to Form S-3; the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3S-3 and shall use its best efforts in all other respects to maintain such eligibility.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mediacom Communications Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (On Technology Corp)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet meets the current requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser Purchasers and any other Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Pharmos Corp)

Eligibility for Form S-3. The Company represents and warrants ------------------------ that, ------------------------ as of the date hereof, it may not meet, meets the registrant eligibility and covenants that it shall use its best efforts to meet the transaction requirements for the use of Form S-3 for registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities by the Investors, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (Tudor Investment Corp Et Al)

Eligibility for Form S-3. The Company represents and warrants that, ------------------------ that as of the date hereof, it may not meet, and covenants that it shall use its best efforts to meet the requirements Company meets the conditions for the use of Form S-3 for the registration of the re-sale by the Initial Purchaser and any other Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible offered for the use account of Form S-3the Investors.

Appears in 1 contract

Samples: Registration Rights Agreement (Rom Tech Inc)