Ineligibility to Use 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 Form S-1 or another appropriate form reasonably acceptable to the Required Holders and (ii) undertake to register the resale of the Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall maintain the effectiveness of all Registration Statements then in effect until such time as a Registration Statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for use.
Ineligibility to Use 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 resale of the Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall maintain the effectiveness of all Registration Statements then in effect and the availability for use of each prospectus contained therein until such time as a Registration Statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for use.
Ineligibility to Use Form S-3. In the event that the Company files a Form S-1 for the registration of the resale of Registrable Securities hereunder, the Company shall use its commercially reasonable efforts to convert the Registration Statement on Form S-1 (and any subsequent Registration Statement) to a Registration Statement on Form S-3 as soon as practicable after the Company is eligible to use Form S-3; provided that the Company shall maintain the effectiveness of all Registration Statements then in effect until such time as a Registration Statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the Commission and the Prospectus contained therein is available for use.
Ineligibility to Use Form S-3. The Company undertakes to register the resale of the Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall maintain the effectiveness of all Registration Statements then in effect until such time as a Registration Statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for use.
Ineligibility to Use Form S-3. In the event that the Company shall become ineligible to use Form S-3 to register the resale of Registrable Securities in accordance with the terms of this Agreement at any time after the effective date of the Registration Statement, the Company shall (i) as promptly as practicable upon becoming aware of the Company’s ineligibility (or impending ineligibility) to use the Registration Statement on Form S-3, file a post-effective amendment to the Registration Statement on Form S-1 (or another appropriate form reasonably acceptable to the Investor) with the SEC to register the resale of the Registrable Securities on Form S-1 pursuant to Rule 415 promulgated under the Securities Act at then-prevailing market prices, and not fixed prices, and (ii) as promptly as practicable thereafter upon becoming eligible to use Form S-3, file an additional post-effective amendment to the Registration Statement on Form S-3 with the SEC to register the resale of the Registrable Securities on Form S-3 pursuant to Rule 415 promulgated under the Securities Act, provided that the Company shall maintain the effectiveness of the Registration Statement then in effect until such time as such post-effective amendment to the Registration Statement on Form S-3 covering the Registrable Securities has been declared effective by the SEC. The Company shall use commercially reasonable efforts to have each such post-effective amendment to the Registration Statement declared effective by the SEC at the earliest possible date after the filing thereof.
Ineligibility to Use Form S-3. In the event that Form S-3 is not available for the registration of the resale of all the Registrable Securities as of the date such registration statement is filed with the Commission under Section (a) hereunder, the Company shall prepare and, as soon as practicable, but in no event later than the Filing Deadline, file with the Commission a registration statement to (i) register the resale of all of the Registrable Securities on Form S-1 or another appropriate form reasonably acceptable to the Purchaser and (ii) undertake to register the resale of all of the Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall maintain the effectiveness of all registration statements then in effect until such time as a registration statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the Commission and the prospectus contained therein is available for use.
Ineligibility to Use Form S-3. As the Company will file the initial Registration Statement on Form S-1, and may not be eligible to use Form S-3 for any future Registration Statements that may be required to be filed hereunder, the Company covenants that, as soon as Form S-3 is available for use by the Company, it will utilize From S-3 for the registration of the resale of the Registrable Securities (including without limitation notwithstanding the reference in paragraph (a) above to Form S-1), provided that the Company shall maintain the effectiveness of all Registration Statements then in effect until such time as a Registration Statement on Form S-3 covering the resale of all the Registrable Securities so covered by such Registration Statements has been declared effective by the SEC and the prospectus contained therein is available for use.
Ineligibility to Use Form S-3. In the event that Form S-3 is not available for the registration of the issuance of Registrable Securities hereunder, the Company shall (i) use its best efforts to register the issuance of the Registrable Securities on Form S-1 or another appropriate form reasonably acceptable to the Required Holders and (ii) undertake to use its best efforts to register the issuance of the Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall use its best efforts to maintain the effectiveness of all Registration Statements then in effect until such time as a Registration Statement on Form S-3 covering the issuance of all the Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for use.
Ineligibility to Use Form S-3. In the event that Form S-3 is not available for the registration of the resale of Mandatory Registrable Securities hereunder, the Company shall (i) register the resale of the Mandatory Registrable Securities on another appropriate form reasonably acceptable to the Required Holders and (ii) undertake to register the resale of the Mandatory Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall maintain the effectiveness of all Registration Statements then in effect until such time as a Registration Statement on Form S-3 covering the resale of all the Mandatory Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for use.
Ineligibility to Use 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 Form S-1 or another appropriate form reasonably acceptable to the Required Holders and (ii) undertake to register the resale of the Registrable Securities on Form S-3 as soon as such form is available, provided that the Company shall maintain the effectiveness of all Registration Statements then in effect until such time as a Registration Statement on Form S-3 covering the resale of all the Registrable Securities has been declared effective by the SEC and the prospectus contained therein is available for use. The Company shall maintain each such Registration Statement in accordance with the terms hereof available for use and in compliance with the provisions of the Securities Act until such time as there are no longer any Registrable Securities included on such Registration Statement.
