Ineligible Issuer Status. At the time of filing the Registration Statement and (ii) as of the date hereof (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 under the 1933 Act, without taking into account any determination by the SEC pursuant to Rule 405 under the 1933 Act that it is not necessary that the Company be considered an ineligible issuer), including, without limitation, for purposes of Rules 164 and 433 under the 1933 Act with respect to the offering of the Securities as contemplated by the Registration Statement.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Altimmune, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.)
Ineligible Issuer Status. At the time of filing the Registration Statement and (ii) as of the date hereof (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “"ineligible issuer” " (as defined in Rule 405 under the 1933 Act, without taking into account any determination by the SEC pursuant to Rule 405 under the 1933 Act that it is not necessary that the Company be considered an ineligible issuer), including, without limitation, for purposes of Rules 164 and 433 under the 1933 Act with respect to the offering of the Securities as contemplated by the Registration Statement.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Net Element, Inc.), Securities Purchase Agreement (Bionovo Inc), Securities Purchase Agreement (Oxygen Biotherapeutics, Inc.)
Ineligible Issuer Status. At the time of filing the Registration Statement and (ii) as of the date hereof (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “"ineligible issuer” " (as defined in Rule 405 under the 1933 Act, without taking into account any determination by the SEC pursuant to Rule 405 under the 1933 Act that it is not necessary that the Company be considered an ineligible issuer), including, without limitation, for purposes of Rules 164 and 433 under the 1933 Act with respect to the offering of the Securities Common Shares as contemplated by the Registration Statement.
Appears in 1 contract
Samples: Securities Purchase Agreement (India Globalization Capital, Inc.)
Ineligible Issuer Status. At the time of filing the Registration Statement and (ii) as of the date hereof (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 under the 1933 Act, without taking into account any determination by the SEC pursuant to Rule 405 under the 1933 Act that it is not necessary that the Company be considered an ineligible issuer), including, without limitation, for purposes of Rules 164 and 433 under the 1933 Act with respect to the offering of the Note Securities as contemplated by the Registration Statement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Evergreen Energy Inc)
Ineligible Issuer Status. At the time of filing the Registration Statement and (ii) as of the date hereof (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” in connection with the offering of the Shares pursuant to Rules 164, 405 (as defined in Rule 405 under the 1933 Act, without taking into account of any determination by the SEC Commission pursuant to Rule 405 under the 1933 Act that it is not necessary that the Company be considered an “ineligible issuer), including, without limitation, for purposes of Rules 164 ”) and 433 under the 1933 Act with respect to the offering of the Securities as contemplated by the Registration StatementAct.
Appears in 1 contract
Samples: Open Market Sale Agreement (Decibel Therapeutics, Inc.)
Ineligible Issuer Status. (i) At the time of filing the Registration Statement Statement, and (ii) as of the date hereof (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not not, as applicable, an “ineligible issuer” (as defined in Rule 405 under the 1933 Act, without taking into account any determination by the SEC pursuant to Rule 405 under the 1933 Act that it is not necessary that the Company be considered an ineligible issuer), including, without limitation, for purposes of Rules 164 and 433 under the 1933 Act with respect to the offering of the Securities as contemplated by the Registration Statement.
Appears in 1 contract
Ineligible Issuer Status. At the time of filing the Registration Statement and (ii) as of the date hereof (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer” (as defined in Rule 405 under the 1933 Act, without taking into account any determination by the SEC Commission pursuant to Rule 405 under the 1933 Act that it is not necessary that the Company be considered an ineligible issuer), including, without limitation, for purposes of Rules 164 and 433 under the 1933 Act with respect to the offering of the Securities as contemplated by the Registration Statement.
Appears in 1 contract
