Common use of Form S-3 Clause in Contracts

Form S-3. The term “Form S-3” means such form under the Securities Act as is in effect on the date hereof or any successor registration form under the Securities Act subsequently adopted by the SEC which permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SEC.

Appears in 17 contracts

Samples: Lead Broker Engagement Agreement (Motos America, Inc.), Investors’ Rights Agreement (Couchbase, Inc.), Investors’ Rights Agreement (Bill.com Holdings, Inc.)

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Form S-3. The term “Form S-3” means such form under the Securities Act as is in effect on the date hereof or any successor registration form under the Securities Act subsequently adopted by the SEC (as defined below) which permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SEC.

Appears in 6 contracts

Samples: Investor Rights Agreement (One Stop Systems Inc), Investor Rights Agreement (One Stop Systems Inc), Registration Rights Agreement (Ambrx Inc)

Form S-3. The term “Form S-3” means such form under the Securities Act as is in effect on the date hereof or any successor registration form under the Securities Act subsequently adopted by the SEC which that permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SEC.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (Palo Alto Networks Inc), Investment Agreement (Adept Technology Inc), Investors' Rights Agreement (First Look Studios Inc)

Form S-3. The term “Form S-3” means such form under the Securities Act as is in effect on the date hereof Effective Date or any successor registration form under the Securities Act subsequently adopted by the SEC which permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SEC.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Energy & Power Solutions, Inc.), Investors’ Rights Agreement (Energy & Power Solutions, Inc.)

Form S-3. The term "Form S-3" means such form a Form S-3 registration statement under the Securities Act as is in effect on the date hereof 1933 Act, or any successor registration statement form under the Securities Act subsequently adopted by the SEC which permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SEC.

Appears in 1 contract

Samples: Lease Termination Agreement (Valentis Inc)

Form S-3. The term “Form S-3” means shall mean such form under the Securities Act as is in effect on the date hereof or any successor or similar registration form under the Securities Act subsequently adopted by the SEC which permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SEC.

Appears in 1 contract

Samples: Share Exchange Agreement (Spring Creek Acquisition Corp.)

Form S-3. The term “Form S-3” means shall mean such form under the Securities Act as is in effect on the date hereof or any successor registration form under the Securities Act subsequently adopted by the SEC which permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SEC.

Appears in 1 contract

Samples: Investor Rights Agreement (Viewsonic Corp)

Form S-3. The term “Form S-3” means such form under the Securities Act as is in effect on the date hereof or any successor registration form under the Securities Act subsequently adopted by the SEC which permits inclusion or incorporation of substantial information by reference to other documents filed by the Company Corporation with the SEC.

Appears in 1 contract

Samples: Registration Rights Agreement (Neuro-Hitech Pharmaceuticals Inc)

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Form S-3. The term "Form S-3” means " mean such form forms under the Securities Act as is are in effect on the date hereof hereof, such other forms available to a registrant similar to the Company or any successor registration form forms under the Securities Act subsequently adopted by the SEC which permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SEC.

Appears in 1 contract

Samples: Capital Stock Exchange Agreement (Atec Group Inc)

Form S-3. The term "Form S-3" means such form under the Securities Act as is in effect on the date hereof or any successor registration form under the Securities Act subsequently adopted by the SEC which that permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SEC.

Appears in 1 contract

Samples: Series a Preferred Stock and Warrant Purchase Agreement (Gric Communications Inc)

Form S-3. The term “Form S-3” means such form Form S-3 under the Securities Act as is in effect on the date hereof or any successor registration form under the Securities Act subsequently adopted by the SEC which that permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SEC.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Alphasmart Inc)

Form S-3. The term “Form S-3” means such form a registration statement filed under Form S-3 under the Securities Act Act, as such is in effect on at the date hereof Effective Time, or any successor form of registration form statement under the Securities Act subsequently adopted by the SEC which permits inclusion or incorporation of a substantial amount of information by reference to other documents filed by the Company Parent with the SEC.

Appears in 1 contract

Samples: Merger Agreement (Saba Software Inc)

Form S-3. The term “Form S-3” means such form under the Securities Act as is in effect on the date hereof or any successor registration form under the Securities Act subsequently adopted by the SEC which (as defined below) that permits inclusion or incorporation of substantial information by reference to other documents filed by the Company with the SECSEC after the effective date of such registration statement.

Appears in 1 contract

Samples: Registration Rights Agreement (Vendingdata Corp)

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