Common use of Form S-3 Eligibility Clause in Contracts

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Acelrx Pharmaceuticals Inc), Securities Purchase Agreement (Cereplast Inc), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De)

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Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Buyers using Form S-3 promulgated under the Securities 1933 Act.

Appears in 9 contracts

Samples: Form of Securities Purchase Agreement (Electro Optical Sciences Inc /Ny), Securities Purchase Agreement (Electro Optical Sciences Inc /Ny), Securities Purchase Agreement (Electro Optical Sciences Inc /Ny)

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using Purchasers under Form S-3 promulgated under the Securities Act.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Arena Pharmaceuticals Inc), Purchase Agreement (Click2learn Com Inc), Securities Purchase Agreement (Citizens Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Conversion Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 6 contracts

Samples: Securities Purchase Agreement (NanoVibronix, Inc.), Securities Purchase Agreement (NanoVibronix, Inc.), Securities Purchase Agreement (NanoVibronix, Inc.)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 6 contracts

Samples: Securities Purchase Agreement (OccuLogix, Inc.), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (MRV Communications Inc)

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale Stock by the Investors using Purchaser under Form S-3 promulgated under the Securities Act.

Appears in 5 contracts

Samples: Securities Purchase Agreement (NRG Energy, Inc.), Securities Purchase Agreement (Fuelcell Energy Inc), Securities Purchase Agreement (Emerge Interactive Inc)

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors Purchaser using Form S-3 promulgated under the Securities Act.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Pico Holdings Inc /New), Securities Purchase Agreement (Alanco Technologies Inc), Securities Purchase Agreement (Workstream Inc)

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using a registration statement on Form S-3 promulgated under the Securities Act.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Daegis Inc.), Securities Purchase Agreement (Daegis Inc.), Securities Purchase Agreement (Unify Corp)

Form S-3 Eligibility. The Company is eligible to register the shares of Common Shares and the Warrant Shares Stock for resale by the Investors using Buyers under Form S-3 promulgated under the Securities 1933 Act.

Appears in 3 contracts

Samples: Securities Purchase Agreement (24/7 Real Media Inc), Securities Purchase Agreement (Telecommunication Systems Inc /Fa/), Securities Purchase Agreement (Va Software Corp)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Investor using Form S-3 promulgated under the Securities Act.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc)

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using under Form S-3 promulgated under the Securities Act.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Cel Sci Corp), Securities Purchase Agreement (Cel Sci Corp), Securities Purchase Agreement (Cel Sci Corp)

Form S-3 Eligibility. The Company is eligible to register the resale of shares of Common Shares and the Warrant Shares Stock for resale by the Investors using Purchasers under Form S-3 promulgated under the Securities Act.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Visual Networks Inc), Securities Purchase Agreement (Millennium Cell Inc), Securities Purchase Agreement (Millennium Cell Inc)

Form S-3 Eligibility. The Company is currently eligible to register the Common resale of the Shares and the Pre-Funded Warrant Shares for resale by the Investors using Purchaser on Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Heron Therapeutics, Inc. /De/), Securities Purchase Agreement (Heron Therapeutics, Inc. /De/)

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Vineyard National Bancorp), Securities Purchase Agreement (Vineyard National Bancorp)

Form S-3 Eligibility. The Company is eligible to register the Company Common Shares and the Warrant Shares Stock for resale by the Investors using Buyers under Form S-3 promulgated under the Securities 1933 Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Supergen Inc), Securities Purchase Agreement (Supergen Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Purchaser on Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Illumina Inc), Securities Purchase Agreement (Solexa, Inc.)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Investor using Form S-3 promulgated under the Securities ActAct in accordance with the provisions of the Registration Rights Agreement.

Appears in 2 contracts

Samples: Private Placement Agreement, Private Placement Agreement (Sunpower Corp)

Form S-3 Eligibility. The Company is eligible has the ability to register the Common Shares and the Warrant Underlying Shares for resale by the Investors using Purchasers under Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mti Technology Corp), Securities Purchase Agreement (Mti Technology Corp)

Form S-3 Eligibility. The Company To the Company's knowledge, it is -------------------- eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using Purchasers under Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Questcor Pharmaceuticals Inc), Securities Purchase Agreement (Questcor Pharmaceuticals Inc)

Form S-3 Eligibility. The Company is eligible to register the Purchased Common Shares and the Warrant Shares Stock for resale by the Investors Investor using Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Merck & Co Inc), Stock Purchase Agreement (Foxhollow Technologies, Inc.)

Form S-3 Eligibility. The Company is eligible to register the Common Conversion Shares and the Warrant Shares for resale by the Investors Investor using Form S-3 promulgated under the Securities Act0000 Xxx.

Appears in 2 contracts

Samples: Form of Amendment and Exchange Agreement (WorldSpace, Inc), Redemption and Exchange Agreement (WorldSpace, Inc)

Form S-3 Eligibility. The Company is eligible to register the resale of the Common Shares Stock sold hereunder and issuable upon exercise of the Warrant Shares Warrants for resale by the Investors using Subscriber on Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Subscription Agreement (Biosante Pharmaceuticals Inc), Subscription Agreement (Biosante Pharmaceuticals Inc)

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using holders thereof under Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Universal Display Corp \Pa\), Securities Purchase Agreement (Infinite Group Inc)

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale Stock by the Investors using Purchasers under Form S-3 or other comparable form promulgated under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Keryx Biopharmaceuticals Inc), Securities Purchase Agreement (Keryx Biopharmaceuticals Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares, the Underlying Preferred Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (CareDx, Inc.), Securities Purchase Agreement (CareDx, Inc.)

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale by the Investors Stock using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Photomedex Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant its Ordinary Shares for resale by the Investors Purchasers using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Radview Software LTD)

Form S-3 Eligibility. The Company is will be eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities ActAct starting on or after February 14, 2009, subject to the provisions of Section 6.1(g) hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (MAKO Surgical Corp.)

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using under Form S-3 registration statement promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (General Datacomm Industries Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act1000 Xxx.

Appears in 1 contract

Samples: Securities Purchase Agreement (Smith & Wesson Holding Corp)

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale Stock by the Investors using Purchasers on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Delcath Systems Inc)

Form S-3 Eligibility. The Company is eligible to use Form S-3 to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities ActPurchasers as contemplated in Section 7 of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Iberiabank Corp)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and resale of the Warrant Preferred Investment Option Shares for resale by the Investors using Purchaser on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Enveric Biosciences, Inc.)

Form S-3 Eligibility. The To the Company's knowledge, the Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cyclacel Pharmaceuticals, Inc.)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Underlying Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Array Biopharma Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares shares issuable upon exercise of the Warrants for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Loan Agreement (iMedia Brands, Inc.)

Form S-3 Eligibility. The Company is eligible to register the Common resale of the Shares and the Warrant Conversion Shares for resale by the Investors using Purchasers on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Neonode Inc.)

Form S-3 Eligibility. The Company is eligible to register the Underlying Common Shares and the Warrant Shares Stock for resale by the Investors using under Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Medix Resources Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of the Common Shares and the Warrant Shares for resale by the Investors using on Form S-3 promulgated under the Securities Act, and the Company hereby covenants and agrees to use its reasonable best efforts to maintain its eligibility to use Form S-3 until the Registration Statement covering the resale of the Common Shares shall have been filed with, and declared effective by, the Commission.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hythiam Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Purchasers using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Research Frontiers Incorporated (Research Frontiers Inc)

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Form S-3 Eligibility. The Company is eligible to register the Common resale of the Shares and the Warrant Shares for resale by the Investors using Purchaser on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ideal Power Inc.)

Form S-3 Eligibility. The Company is eligible to register the -------------------- Underlying Common Shares and the Warrant Shares for resale by the Investors using under Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Careside Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Conversion Shares and the Warrant Shares for resale by the Investors Purchasers using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Columbia Laboratories Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares Stock for resale by the Investors Subscribers using a registration statement on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Subscription Agreement (Insite Vision Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares, Conversion Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vyyo Inc)

Form S-3 Eligibility. The Other than in connection with primary offerings, the Company is eligible to register the shares of Common Shares and the Warrant Shares Stock for resale by the Investors using Buyers under Form S-3 promulgated under the Securities 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digitalthink Inc)

Form S-3 Eligibility. The Company is eligible to register the Common resale of the Shares and the Warrant Shares for resale by the Investors using Shareholder under Form S-3 promulgated under the Securities ActAct and will use its best efforts to remain so eligible for the term of this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Staff Leasing Inc)

Form S-3 Eligibility. The Company is eligible to register the resale of the Common Shares and the Warrant Shares for resale by the Investors using Investor under Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Lantronix Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors ABRD using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dyadic International Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Buyer using Form S-3 promulgated under the Securities 1933 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Discovery Laboratories Inc /De/)

Form S-3 Eligibility. The Company is eligible to register securities (including the Common Shares and the Warrant Shares Underlying Shares) for resale by with the Investors using Commission on Form S-3 (or any successor form) promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Antex Biologics Inc)

Form S-3 Eligibility. The Company is eligible to register the Common resale of the Warrant Shares, the Dividend Shares and the Warrant Redemption Shares for resale by the Investors using Purchasers on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.)

Form S-3 Eligibility. The As of the date hereof, the Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Via Pharmaceuticals, Inc.)

Form S-3 Eligibility. The Company is eligible to register the its -------------------- Common Shares and the Warrant Shares Stock for resale by the Investors using Purchasers under Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mercator Software Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Purchasers on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (SenesTech, Inc.)

Form S-3 Eligibility. The Company is eligible to register the resale of the Common Shares and Stock issuable upon conversion of the Warrant Shares Note for resale by the Investors using Holder on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Kingold Jewelry, Inc.)

Form S-3 Eligibility. The Company is will take all commercially reasonable actions to be eligible to register the its Common Stock, including all Shares and the Warrant Shares Underlying Shares, for resale by the Investors Purchasers using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ipix Corp)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Investor using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Stock Issuance Agreement (Santarus Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Buyers using Form S-3 promulgated under the Securities Act0000 Xxx.

Appears in 1 contract

Samples: Securities Purchase Agreement (Paincare Holdings Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using use Form S-3 promulgated under the Securities ActAct to register the resale of Installment Shares on Form S-3.

Appears in 1 contract

Samples: Registration Rights Agreement (ARKO Corp.)

Form S-3 Eligibility. The As of the date hereof, the Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (SGX Pharmaceuticals, Inc.)

Form S-3 Eligibility. The Company is eligible to register the Common Shares, the Warrant Shares and the Warrant Shares Option Securities for resale by the Investors Purchaser using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (EVINE Live Inc.)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Investor using Form S-3 promulgated under the Securities ActAct in accordance with the provisions of the Registration Rights Agreement.

Appears in 1 contract

Samples: Private Placement Agreement (Sunpower Corp)

Form S-3 Eligibility. The Company is eligible to register the resale of the shares of Common Stock to be issued upon conversion of the Shares and the Warrant Shares for resale by the Investors using Purchaser on a registration statement on Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Registration Rights Agreement (Agilysys Inc)

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Purchasers using Form S-3 promulgated under the Securities Act.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Accelerize Inc.)

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