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 on a registration statement on Form S-3 under the 1933 Act.

Appears in 16 contracts

Samples: Purchase Agreement (Clickaction Inc), Purchase Agreement (Alpnet Inc), Purchase Agreement (Avi Biopharma Inc)

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

Appears in 16 contracts

Samples: Securities Purchase Agreement (Implant Sciences Corp), Securities Purchase Agreement (Novatel Wireless Inc), Securities Purchase Agreement (Sento Corp)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock on a registration statement on Form S-3 under the 1933 Act0000 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 on a registration statement on Form S-3 under the 1933 Act1000 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 on a registration statement on Form S-3 under the 1933 Act. The Current Registration Statement is effective and available for the sale of at least all of the Registrable Securities required to be included in such Current Registration Statement.

Appears in 2 contracts

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

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Company Common Stock on a registration statement on for resale by the Buyers under Form S-3 promulgated under the 1933 Act.

Appears in 2 contracts

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

Form S-3 Eligibility. The Company is currently eligible to -------------------- register the resale of its Common Stock on a registration statement on Form S-3 under the 1933 Act.

Appears in 2 contracts

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

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock on a registration statement on Form S-3 under the 1933 Act, subject to offering size limitations that may be imposed by the Commission under Rule 415 under the 1933 Act.

Appears in 1 contract

Samples: Purchase Agreement (Nexmed Inc)

Form S-3 Eligibility. The As of date of this Agreement, the Company is currently was eligible to register the resale of its Common Stock on a registration statement on Form S-3 under the 1933 Securities Act.

Appears in 1 contract

Samples: Subscription Agreement (Porta Systems Corp)

Form S-3 Eligibility. The Although the Company is not currently -------------------- eligible to register the resale of its Common Stock on a registration statement on Form S-3 under the 1933 Act, the Company will be eligible to register said resales on Form S-3 under the 1933 Act on and after, June 28, 2000, assuming compliance by the Company 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 on a registration statement on Form S-3 under the 1933 Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Abgenix Inc)

Form S-3 Eligibility. The Company is currently shall be eligible to register the resale of its Common Stock on a registration statement on by the Purchaser under Form S-3 promulgated under the 1933 ActSecurities Act on October 1, 2012.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fuelcell Energy Inc)

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Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock on a registration statement on by the Purchaser under Form S-3 promulgated under the 1933 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 on a registration statement on Form S-3 under the 1933 Act0000 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 Common Stock on a registration statement on Form S-3 under the 1933 Act.

Appears in 1 contract

Samples: Purchase Agreement (Lifecell Corp)

Form S-3 Eligibility. The Company is currently eligible to register the resale of its Common Stock on a for resale under Form S-3 registration statement on Form S-3 promulgated under the 1933 Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (General Datacomm Industries Inc)

Form S-3 Eligibility. The Company is currently eligible to -------------------- register the resale of its Common Stock on a registration statement on Form S-3 under the 1933 ActS-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 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 on a registration statement on Form S-3 under the 1933 Act.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Harken Energy Corp)

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