Common use of Form S-3 Eligibility Clause in Contracts

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SEC.

Appears in 5 contracts

Samples: Purchase Agreement (Sonic Foundry Inc), Purchase Agreement (Biogentech Corp), Purchase Agreement (Biogentech Corp)

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Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SECSecurities Act.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Icm Asset Management Inc/Wa), Securities Purchase Agreement (Genetronics Biomedical Corp), Stock Purchase Agreement (Chordiant Software Inc)

Form S-3 Eligibility. The Company is not currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company Act, but shall maintain such eligibility at least until the Registration Statement is ordered effective by the SEChereafter endeavor in good faith to use its commercially reasonable efforts to become so eligible.

Appears in 3 contracts

Samples: Securities Exchange Agreement (Knightsbridge Fine Wines Inc), Purchase Agreement (Knightsbridge Fine Wines Inc), Purchase Agreement (Knightsbridge Fine Wines Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SEC0000 Xxx.

Appears in 3 contracts

Samples: Purchase Agreement (Nexmed Inc), Purchase Agreement (Nexmed Inc), Purchase Agreement (Nexmed Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SEC1000 Xxx.

Appears in 2 contracts

Samples: Purchase Agreement (Hearusa Inc), Purchase Agreement (Hearusa Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on by the Purchasers under Form S-3 promulgated under the 1933 Securities Act and the Company shall hereby covenants and agrees to use its best efforts to maintain such its eligibility at least to use Form S-3 until the Registration Statement is ordered covering the resale of the shares of Preferred Stock shall have been filed with, and declared effective by by, the SECCommission.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Innovative Companies Inc), Securities Purchase Agreement (Pacific Cma Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act Act, and the Company shall use its best efforts to maintain such eligibility at least until the Registration Statement is ordered effective by the SEC.

Appears in 2 contracts

Samples: Purchase Agreement (Zix Corp), Purchase Agreement (Zix Corp)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on by the Purchasers under Form S-3 promulgated under the 1933 Securities Act and the Company shall hereby covenants and agrees to use its commercially reasonable efforts to maintain such its eligibility at least to use Form S-3 until the Registration Statement is ordered covering the resale of the Shares shall have been filed with, and declared effective by by, the SECCommission.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Apogee Technology Inc), Securities Purchase Agreement (BJs RESTAURANTS INC)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement by the Purchasers on Form S-3 promulgated under the 1933 Securities Act and the Company shall hereby covenants and agrees to use its best efforts to maintain such its eligibility at least to use Form S-3 until the Registration Statement is ordered covering the resale of the Shares and the Warrant Shares shall have been filed with, and declared effective by by, the SECCommission.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Escalon Medical Corp), Securities Purchase Agreement (Escalon Medical Corp)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on by the Investors pursuant to a registration statement on Form S-3 under the 1933 Securities Act and or on such other form as may be available to the Company shall maintain such eligibility at least until (the Registration Statement is ordered effective by the SECStatement”).

Appears in 2 contracts

Samples: Securities Purchase Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Securities Purchase Agreement (Quantum Fuel Systems Technologies Worldwide Inc)

Form S-3 Eligibility. The Company is currently eligible to -------------------- register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SECAct.

Appears in 2 contracts

Samples: Purchase Agreement (Sheffield Pharmaceuticals Inc), Purchase Agreement (Cambridge Heart Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on by the Purchasers under Form S-3 promulgated under the 1933 Securities Act and the Company shall hereby covenants and agrees to use its commercially reasonable best efforts to maintain such its eligibility at least to use Form S-3 until the Registration Statement is ordered covering the resale of the Shares shall have been filed with, and declared effective by by, the SECCommission.

Appears in 2 contracts

Samples: Registration Rights Agreement (First Virtual Communications Inc), Escrow Agreement (First Virtual Communications Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Act. The Current Registration Statement is ordered effective by and available for the SECsale of at least all of the Registrable Securities required to be included in such Current Registration Statement.

Appears in 2 contracts

Samples: Redemption and Exchange Agreement (Genome Therapeutics Corp), Redemption and Exchange Agreement (Genome Therapeutics Corp)

Form S-3 Eligibility. The Company is currently eligible to register -------------------- the resale of its Common Stock in a secondary offering on a registration statement on by the Purchasers under Form S-3 promulgated under the 1933 Securities Act and the Company shall hereby covenants and agrees to use its best efforts to maintain such its eligibility at least to use Form S-3 until the Registration Statement is ordered covering the resale of the shares of Preferred Stock shall have been filed with, and declared effective by by, the SECCommission.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pacific Cma Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its -------------------- Common Stock in a secondary offering on a registration statement on for resale under Form S-3 promulgated under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SECSecurities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pacific Aerospace & Electronics Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on by the Purchaser under Form S-3 promulgated under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SEC.Securities Act. 7140498v.6

Appears in 1 contract

Samples: Securities Purchase Agreement (Fuelcell Energy Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SECAct.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Harken Energy Corp)

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Form S-3 Eligibility. The Company is currently shall be eligible to register the resale of its Common Stock in a secondary offering on a registration statement on by the Purchaser under Form S-3 promulgated under the 1933 Securities Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SECon October 1, 2012.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fuelcell Energy Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective Act, subject to offering size limitations that may be imposed by the SECCommission under Rule 415 under the 1933 Act.

Appears in 1 contract

Samples: Purchase Agreement (Nexmed Inc)

Form S-3 Eligibility. The Although the Company is not currently -------------------- eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and Act, the Company shall maintain such eligibility at least until will be eligible to register said resales on Form S-3 under the Registration Statement is ordered effective 1933 Act on and after, June 28, 2000, assuming compliance by the SECCompany with its reporting requirements under the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Imaginon Inc /De/)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act Act, and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SEC.

Appears in 1 contract

Samples: Purchase Agreement (Insmed Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SEC0000 Xxx.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Harken Energy Corp)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its the Common Stock in a secondary offering on a registration statement issuable upon the conversion of the Debenture and the exercise of the Warrant on Form S-3 promulgated under the 1933 Act Securities Act, and the Company shall hereby covenants and agrees to use its reasonable best efforts to maintain such its eligibility at least to use Form S-3 until the Registration Statement is ordered registration statement covering the resale of the Common Stock shall have been filed with, and declared effective by by, the SEC.

Appears in 1 contract

Samples: Debenture and Warrant Purchase Agreement (Microfluidics International Corp)

Form S-3 Eligibility. The Company is currently eligible to -------------------- register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SECS-3.

Appears in 1 contract

Samples: Purchase Agreement (Imaginon Inc /De/)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SECSecurities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Abgenix Inc)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock in a secondary offering on a registration statement on by the Investors under Form S-3 promulgated under the 1933 Securities Act and the Company shall hereby covenants and agrees to use its best efforts to maintain such its eligibility at least to use Form S-3 until the Registration Statement is ordered covering the resale of the Shares shall have been filed with, and declared effective by by, the SEC.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Infinity Inc)

Form S-3 Eligibility. The Company is currently eligible to ---------------------- register the resale of its Common Stock in a secondary offering on a registration statement on Form S-3 under the 1933 Act and the Company shall maintain such eligibility at least until the Registration Statement is ordered effective by the SECAct.

Appears in 1 contract

Samples: Purchase Agreement (Lifecell Corp)

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