Common use of Failure To Effect Registration Clause in Contracts

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty (30) days (or forty-five (45) days in the case where the Company (1) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC within ten (10) Trading Days of such receipt, and nevertheless the SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); and (B) with respect to a Registration Failure provided in clause (E) of the definition of “Registration Failure,” such Registration Failure occurs and remains uncured for a period of more than thirty (30) days;

Appears in 4 contracts

Samples: Second Lien Credit and Guaranty Agreement (Lannett Co Inc), Exchange Agreement (Lannett Co Inc), Exchange Agreement (Lannett Co Inc)

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Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty (30) 30 days (or forty-five (45) 45 days in the case where the Company (1) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC Commission within ten (10) 10 Trading Days of such receipt, and nevertheless the SEC Commission has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); and (B) with respect to a Registration Failure provided in clause (Ee) of the definition of “Registration Failure,” such Registration Failure occurs and remains uncured for a period of more than thirty (30) 30 days;

Appears in 4 contracts

Samples: Warrant Agreement (Sunpower Corp), Warrant Agreement (TotalEnergies SE), Warrant Agreement (Global Infrastructure Investors III, LLC)

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty (30) days (or forty-five (45) days (or sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC SEC, within ten (10) Trading Business Days of such receipt, and nevertheless the SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (E) of the definition of “Registration Failure,” such Registration Failure occurs and remains uncured for a period of more than thirty forty-five (3045) days;.

Appears in 3 contracts

Samples: Facility Agreement (Endologix Inc /De/), Facility Agreement (Endologix Inc /De/), Warrant Agreement (Endologix Inc /De/)

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty (30) days (or forty-five (45) days (or sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC SEC, within ten (10) Trading Business Days of such receipt, and nevertheless the SEC has not declared effective a the Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement)) after written notice thereof by Holder to the Company; and (B) with respect to provided that in each case, a Registration Failure provided in clause (E) of the definition of “Registration Failure,” shall be deemed to not have occurred if such Registration Failure occurs and remains uncured for results from a period breach by any holder of more than thirty (30) days;a Registrable Security of its obligations pursuant to Section 4 of the Registration Rights Agreement.

Appears in 3 contracts

Samples: Warrant Agreement (Arena Pharmaceuticals Inc), Warrant Agreement (Arena Pharmaceuticals Inc), Warrant Agreement (Arena Pharmaceuticals Inc)

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty (30) days (or forty-five (45) days (or sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC SEC, within ten seven (107) Trading Business Days of such receipt, and nevertheless the SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (E) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than thirty forty-five (3045) days;.

Appears in 3 contracts

Samples: Facility Agreement (MAKO Surgical Corp.), Facility Agreement (MAKO Surgical Corp.), Warrant Agreement (MAKO Surgical Corp.)

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty sixty (3060) days (or forty-five ninety (4590) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC SEC, within ten seven (107) Trading Business Days of such receipt, and nevertheless the SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (E) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than thirty sixty (3060) days;.

Appears in 3 contracts

Samples: Warrant Agreement (Infinity Pharmaceuticals, Inc.), Warrant Agreement (Infinity Pharmaceuticals, Inc.), Facility Agreement (Infinity Pharmaceuticals, Inc.)

Failure To Effect Registration. (A) With respect to all Registration Failures, Failures other than as provided in clause (E) of the definition of “Registration Failure,” a Registration Failure occurs and remains uncured for a period of more than thirty (30) days (or forty-five (45) days (or sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC SEC, within ten seven (107) Trading Business Days of such receipt, and nevertheless the SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a the Registration Failure provided in clause (E) of the definition of “Registration Failure,” such Registration Failure occurs and remains uncured for a period of more than thirty forty-five (3045) days;

Appears in 3 contracts

Samples: Warrant Agreement (Array Biopharma Inc), Warrant Agreement (Array Biopharma Inc), Warrant Agreement (Array Biopharma Inc)

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty (30) days (or forty-five (45) days (or sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC SEC, within ten seven (107) Trading Business Days of such receipt, and nevertheless the SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (E) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than thirty forty-five (3045) days;

Appears in 2 contracts

Samples: Warrant Agreement (Discovery Laboratories Inc /De/), Warrant Agreement (Discovery Laboratories Inc /De/)

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Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty (30) days (or forty-five (45) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC SEC, within ten seven (107) Trading Business Days of such receipt, and nevertheless the SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (E) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than thirty (30) days;.

Appears in 2 contracts

Samples: Warrant Agreement (Icad Inc), Warrant Agreement (Icad Inc)

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty (30) days (or forty-five (45) days (or sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC SEC, within ten twenty (1020) Trading Days days of such receipt, and nevertheless the SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (E) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than thirty (30) days;.

Appears in 1 contract

Samples: Warrant Agreement (Insulet Corp)

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty (30) days (or forty-five (45) days (or sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC SEC, within ten (10) Trading Business Days of such receipt, and nevertheless the SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (E) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than thirty forty-five (3045) days;.

Appears in 1 contract

Samples: Warrant Agreement (Alphatec Holdings, Inc.)

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than thirty (30) days (or forty-five (45) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the SEC SEC, within ten seven (107) Trading Business Days of such receipt, and nevertheless the SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (E) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than thirty forty-five (3045) days;.

Appears in 1 contract

Samples: Facility Agreement (IMRIS Inc.)

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