Common use of Ineligibility for Form S-3 Clause in Contracts

Ineligibility for Form S-3. In the event that Form S-3 is not available for the registration of the resale of Registrable Securities hereunder, the Company shall (i) register the resale of the Registrable Securities on another appropriate form reasonably acceptable to the Required Holders and (ii) undertake to register the Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall maintain the effectiveness of the Registration Statement then in effect until such time as a Registration Statement on Form S-3 covering the Registrable Securities has been declared effective by the SEC, or if earlier, until the end of the Registration Period (as defined below).

Ineligibility for Form S-3. In the event that Form S-3 is not available for the registration of the resale of Registrable Securities hereunder, the Company shall (i) register the resale of the Registrable Securities on a Form SB-2, Form S-1, or another appropriate form reasonably acceptable to the Required Holders and (ii) undertake to register the Registrable Securities on Form S-3 as soon as promptly after such form is availableavailable within the Registration Period (as defined in Section 3(a)), provided that the Company shall use its best efforts to maintain the effectiveness of the Registration Statement then in effect in accordance with this Agreement until such time as a Registration Statement on Form S-3 covering the Registrable Securities has been declared effective by the SEC, or if earlier, until the end of unless the Registration Period (as defined below)has earlier terminated.