Common use of Filing of Shelf Registration Statement Clause in Contracts

Filing of Shelf Registration Statement. Subject to exceptions and limitations described herein, the Company shall use its Best Efforts to cause a Registration Statement to be filed with the Commission on Form S-3, if available, or, if Form S-3 is not available for the Registration of the Registrable Securities, on such form as may be prescribed by the Commission, within thirty (30) days after the issuance of the Primary Shares (but in any event as soon as practicable) providing for the resale of the Primary Shares and the Placement Warrant Shares. Such Registration Statement shall contain all appropriate undertakings necessary to comply with Rule 415 under the Securities Act pertaining to "shelf registration" or delayed offerings of securities. The Company shall use its Best Efforts (i) to cause the Commission to declare such Registration Statement effective within (x) 120 days after the issuance of the Primary Shares or (y) if the Commission elects to review the Registration Statement, 45 days following the Company's receipt of initial comments from the Commission with respect to such Registration Statement, whichever is later, and (ii) to maintain the effectiveness of such Registration Statement pursuant to SECTION 5 below. In the event the Commission will not permit such Registration Statement to become effective because of the inclusion therein of Placement Warrant Shares that shall not have been issued at the time effectiveness of the Registration Statement shall have been requested, then the Company shall file an amendment to such Registration Statement covering the resale of only the Primary Shares and shall use its Best Efforts to cause the Commission to declare such amended Registration Statement effective and to maintain the effectiveness thereof pursuant to SECTION 5 below.

Filing of Shelf Registration Statement. Subject to exceptions and limitations described herein, the Company shall use its Best Efforts to as soon as practicable cause a Registration Statement to be filed with the Commission on Form S-3, if available, or, if Form S-3 is not available for the Registration of the Registrable Securities, on such form as may be prescribed by the Commission, within thirty (30) days after the issuance of the Primary Shares (but in any event as soon as practicable) providing for the resale of the Primary Shares and the Placement Warrant Shares, and, if the Penalty Warrant is issued, the Penalty Warrant Shares. Such Registration Statement shall contain all appropriate undertakings necessary to comply with Rule 415 under the Securities Act pertaining to "shelf registration" or delayed offerings of securities. The Company shall use its Best Efforts (i) to cause the Commission to declare such Registration Statement effective within (x) 120 days after the issuance of the Primary Shares or (y) if the Commission elects to review the Registration Statement, 45 days following the Company's receipt of initial comments from the Commission with respect to such Registration Statement, whichever is later, and (ii) to maintain the effectiveness of such Registration Statement pursuant to SECTION 5 below. In the event the Commission will not permit such Registration Statement to become effective because of the inclusion therein of Placement Warrant Shares and/or Penalty Warrant Shares that shall not have been issued at the time effectiveness of the Registration Statement shall have been requested, then the Company shall file an amendment to such Registration Statement covering the resale of only the Primary Shares and shall use its Best Efforts to cause the Commission to declare such amended Registration Statement effective and to maintain the effectiveness thereof pursuant to SECTION 5 below.

Filing of Shelf Registration Statement. Subject to exceptions and limitations described herein, the Company shall use its Best Efforts to within six months of the date hereof cause a Registration Statement to be filed with the Commission on Form S-3, if available, or, if Form S-3 is not available for the Registration of the Registrable Securities, on such form as may be prescribed by the Commission, within thirty (30) days after the issuance of the Primary Shares (but in any event as soon as practicable) providing for the resale of the Primary Shares and the Placement Warrant Shares. Such Registration Statement shall contain all appropriate undertakings necessary to comply with Rule 415 under the Securities Act pertaining to "shelf registration" or delayed offerings of securities. The Company shall use its Best Efforts (i) to cause the Commission to declare such Registration Statement effective within (x) 120 days after the issuance of the Primary Shares or (y) if the Commission elects to review the Registration Statement, 45 days following the Company's receipt of initial comments from the Commission with respect to such Registration Statement, whichever is later, and (ii) to maintain the effectiveness of such Registration Statement pursuant to SECTION 5 below. In the event the Commission will not permit such Registration Statement to become effective because of the inclusion therein of Placement Warrant Shares that shall not have been issued at the time effectiveness of the Registration Statement shall have been requested, then the Company shall file an amendment to such Registration Statement covering the resale of only the Primary Shares and shall use its Best Efforts to cause the Commission to declare such amended Registration Statement effective and to maintain the effectiveness thereof pursuant to SECTION 5 below.

Filing of Shelf Registration Statement. Subject to exceptions and limitations described herein, the Company shall use its Best Efforts to as soon as practicable cause a Registration Statement to be filed with the Commission on Form S-3, if available, or, if Form S-3 is not available for the Registration of the Registrable Securities, on such form as may be prescribed by the Commission, within thirty (30) days after the issuance of the Primary Shares (but in any event as soon as practicable) providing for the resale of the Primary Shares and the Placement Warrant Shares. Such Registration Statement shall contain all appropriate undertakings necessary to comply with Rule 415 under the Securities Act pertaining to "shelf registration" or delayed offerings of securities. The Company shall use its Best Efforts (i) to cause the Commission to declare such Registration Statement effective within (x) 120 days after the issuance of the Primary Shares or (y) if the Commission elects to review the Registration Statement, 45 days following the Company's receipt of initial comments from the Commission with respect to such Registration Statement, whichever is later, and (ii) to maintain the effectiveness of such Registration Statement pursuant to SECTION 5 below. In the event the Commission will not permit such Registration Statement to become effective because of the inclusion therein of Placement Warrant Shares that shall not have been issued at the time effectiveness of the Registration Statement shall have been requested, then the Company shall file an amendment to such Registration Statement covering the resale of only the Primary Shares and shall use its Best Efforts to cause the Commission to declare such amended Registration Statement effective and to maintain the effectiveness thereof pursuant to SECTION 5 below.