Common use of Form D; Blue Sky Filings Clause in Contracts

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Preferred Shares, the Conversion Shares, Warrants and the Warrant Shares as required under Regulation D and to provide a copy thereof, promptly upon request of any Purchaser. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Shares, Warrants and the Warrant Shares for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file (i) a Form D with respect to the Preferred Shares, the Conversion Shares, Warrants and the Warrant Shares as required under Regulation D and to provide a copy thereof, promptly upon request of any Purchaser, except if such Form D is publicly available, and (ii) all of the other Required Approvals when due or required for filing. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Shares, Warrants and the Warrant Shares for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Preferred Shares, the Conversion Shares, Series E Common Share Purchase Warrants and the Series E Warrant Shares as required under Regulation D and to provide a copy thereof, promptly upon request of any Purchaser. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Shares, Series E Common Share Purchase Warrants and the Series E Warrant Shares for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Preferred Shares, the Conversion Shares, Unregistered Warrants and the Unregistered Warrant Shares as required under Regulation D and to provide a copy thereof, promptly upon request of any Purchaser. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Shares, Unregistered Warrants and the Unregistered Warrant Shares for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Preferred Shares, the Conversion Shares, the Warrants and the Warrant Shares as required under Regulation D and to provide a copy thereof, promptly upon request of any Purchaser. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Shares, the Warrants and the Warrant Shares for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Preferred Shares, the Conversion Shares, Common Stock Warrants and the Warrant Shares underlying the Common Stock Warrants as required under Regulation D and to provide a copy thereof, promptly upon request of any Purchaser. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Shares, Warrants Warrant and the Warrant Shares underlying the Common Stock Warrants for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Preferred SharesWarrant and Warrant Shares (and, if applicable, the Conversion Additional Shares, Warrants and the Warrant Shares ) as required under Regulation D and to provide a copy thereof, promptly upon request of any Purchaser. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred SharesWarrant and Warrant Shares (and, if applicable, the Conversion Additional Shares, Warrants and the Warrant Shares ) for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Preferred Shares, the Conversion Underlying Shares, Warrants and the Warrant Shares as required under Regulation D and to provide a copy thereof, promptly upon request of any Purchaser. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Underlying Shares, Warrants Warrant and the Warrant Shares for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Preferred Shares, the Conversion Shares, Purchase Warrants and the Purchase Warrant Shares as required under Regulation D and to provide a copy thereof, promptly upon request of any PurchaserPurchaser unless such Form D is available on the Commission’s website. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Shares, Purchase Warrants and the Purchase Warrant Shares for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Series D-2 Preferred SharesStock, the Conversion Shares underlying the Series D-2 Preferred Stock, Warrants, and Warrant Shares, Warrants and the Warrant Shares as if required under Regulation D D, and to provide a copy thereof, promptly upon request of any Purchaser. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Shares, Warrants and the Warrant Shares Securities for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Preferred Shares, the Conversion Shares, Warrants and the Warrant Shares as required under Regulation D and to provide a copy thereof, promptly upon request to the Purchaser, and the Company will timely file all other filings with the Commission that may be required by the Company in connection with the entrance into this Agreement and the offer and the sale of any Purchaserthe Shares. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Shares, Warrants and the Warrant Shares for, sale to the Purchasers Purchaser at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any the Purchaser.

Form D; Blue Sky Filings. The If required, the Company agrees to timely file a Form D with respect to the Preferred Shares, shares of the Conversion Shares, Warrants and Company’s common stock issuable pursuant to the Warrant Shares conversion of the Note as is required under Regulation D and to provide a copy thereof, promptly upon request of any Purchaser. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, shares of the Conversion Shares, Warrants and Company’s common stock issuable pursuant to the Warrant Shares conversion of the Note for, sale to the Purchasers at the Closing Purchaser under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any the Purchaser.

Form D; Blue Sky Filings. The Company agrees to timely file a Form D with respect to the Preferred Shares, the Conversion Shares, Series A Warrants and the Warrant Shares underlying the Series A Warrants as required under Regulation D and to provide a copy thereof, promptly upon request of any Purchaser. The Company shall take such action as the Company shall reasonably determine is necessary in order to obtain an exemption for, or to qualify the Preferred Shares, the Conversion Shares, Warrants Series A Warrant and the Warrant Shares underlying the Series A Warrants for, sale to the Purchasers at the Closing under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Purchaser.