Emerging Growth Company; Foreign Private Issuer. The Company will promptly notify the Representatives if the Company ceases to be an Emerging Growth Company or a Foreign Private Issuer at any time prior to the later of (i) completion of the distribution of Shares within the meaning of the Securities Act and (ii) completion of the 180-day restricted period referred to in Section 4(h) hereof.
Emerging Growth Company; Foreign Private Issuer. The Company will promptly notify the Placement Agent if the Company ceases to be an Emerging Growth Company or a Foreign Private Issuer at any time prior to the latest of (i) the sale of all Securities provided for in the Prospectus, (ii) the termination of this Agreement in accordance with Section 5.1 herein and (iii) completion of the restrictive period set forth in Section 4.11(a) hereof.
Emerging Growth Company; Foreign Private Issuer. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication) through the date hereof, the Company has been and is an Emerging Growth Company. The Company is a “foreign private issuer” as defined in Rule 405 under the Securities Act, Rule 3b-4 under the Exchange Act and Nasdaq Listing Rule 5005(a)(19).
Emerging Growth Company; Foreign Private Issuer. From the time of initial filing of the Registration Statement with the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act. The Company is a “foreign private issuer” within the meaning of Rule 405 of the Securities Act (a “Foreign Private Issuer”).
Emerging Growth Company; Foreign Private Issuer. The Company will promptly notify the Dealer Managers and the Subscription Agents if the Company ceases to be an Emerging Growth Company or a Foreign Private Issuer at any time prior to the Closing Date.
