Common use of Ineligible Issuer Status Clause in Contracts

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the Securities Act) of the Offered Securities Notes and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,Ineligible Issuer” (as defined in Rule 405405 under the Securities Act).

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company Company, the Guarantor or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, each of the Company and the Guarantor was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the Securities Act) of the Offered Securities Shares and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,Ineligible Issuer” (as defined in Rule 405405 under the Securities Act).

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” ”, as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of under the Offered Securities Act and (ii) at as of the Execution Time (with such date being used as the determination date for purposes of this Agreementclause (ii)), the Company was not and is not an “ineligible issuer,” Ineligible Issuer (as defined in Rule 405), without taking account of any determination by the SEC pursuant to Rule 405 that it is not necessary that the Company be considered an Ineligible Issuer.

Ineligible Issuer Status. (iA) At the earliest time after the initial filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (iiB) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the of initial filing of the Registration Statement Statement, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities Securities, and (ii) at on the date of this Agreement, the Company was not and is not an “ineligible issuer,” ”, as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made makes a bona fide offer (within the meaning of Rule 164(h)(2)) under the Securities Act) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities Notes and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company Company, the Issuer or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities Securities, neither the Company nor the Issuer was and (ii) at the date of this Agreement, neither the Company was not and nor the Issuer is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the Act) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 under the Act.

Ineligible Issuer Status. (iA) At the earliest time after the of initial filing of the Initial Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (iiB) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the time of filing the Original Registration Statement, at the earliest time after the filing of the Registration Statement thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the Securities Act) of the Offered Securities Shares, and (ii) at the date of this Agreementhereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.

Ineligible Issuer Status. (iA) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (iiB) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, (without taking into account any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an “ineligible issuer” as defined in Rule 405).

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the Securities Act) of the Offered Securities and (ii) at the date of this AgreementNotes, the Company was not and is not an “ineligible issuer,Ineligible Issuer” (as defined in Rule 405405 under the Securities Act).

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at on the date of this Agreement, the Company was not and is not an “ineligible issuer,” ”, as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the of initial filing of the Initial Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company Selling Shareholder or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (ix) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (iiy) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the 0000 Xxx) of the Offered Securities and (ii) at the date of this AgreementNotes, the Company was not and is not an “ineligible issuer,Ineligible Issuer” (as defined in Rule 405405 under the 1933 Act).

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at as of the Execution Time (with such date being used as the determination date for purposes of this Agreementclause (ii)), the Company was not and is not an “ineligible issuer,” (as defined in Rule 405), without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Ineligible Issuer Status. (i) At the time of filing the Initial Registration Statement and any post-effective amendment thereto, at the earliest time after the filing of the Registration Statement thereafter that the Company or another any offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the Act) of the Offered Securities Securities, and (ii) at the date of this Agreementhereof, the Company was not and is not an “ineligible issuer,” as defined in under Rule 405405 under the Act.

Ineligible Issuer Status. (iA) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of under the Offered Securities Act) and (iiB) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405 under the Securities Act (“Rule 405”) (without taking into account any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an “ineligible issuer” as defined in Rule 405).

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the Act) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities Shares and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement Statements that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that at which the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) and as of the Offered Securities and (ii) at the date of this Agreementhereof, the Company was not and is not an “ineligible issuer,” as such term is defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the of initial filing of the Registration Statement Statement, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities Shares, and (ii) at on the date of this Agreement, the Company was not and is not an “ineligible issuer,” ”, as defined in Rule 405.

Ineligible Issuer Status. At (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the 0000 Xxx) of the Offered Securities and (ii) at the date a tranche of this AgreementNotes, the Company was not and is not an “ineligible issuer,Ineligible Issuer” (as defined in Rule 405405 under the 0000 Xxx) with respect to the offering of such Notes.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the 0000 Xxx) of the Offered Securities and (ii) at the date a tranche of this AgreementNotes, neither the Company nor the Guarantor was not and nor is not an “ineligible issuer,Ineligible Issuer” (as defined in Rule 405405 under the 0000 Xxx) with respect to the offering of such Notes and the related Guarantees.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities Act) and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the of initial filing of the Initial Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the 1933 Act Regulations) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time after the filing of the Registration Statement thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the Securities Act) of the Offered Securities Shares and (ii) at the date of this Agreementhereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to paragraph (2) of the definition of such term in Rule 405.

Ineligible Issuer Status. (iA) At the earliest time after of the filing of the Registration Statement and (B) at the earliest time thereafter that the Company or another an offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities rules and (ii) at regulations promulgated under the date of this AgreementAct), the Company was not and is not an “ineligible issuer,” (as defined in Rule 405405 under the Act).

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, by virtue of a waiver issued by the Commission on May 30, 2008.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made makes a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that at which the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at as of the date of this Agreementhereof, the Company was not and is not an “ineligible issuer,” as such term is defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company Company, the Issuer or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, neither the Company nor the Issuer was not and or is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (iA) At the earliest time after of the initial filing of the Initial Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (iiB) at the date of this Agreement, the Company was not and is not an “"ineligible issuer,” " as defined in Rule 405.

Ineligible Issuer Status. (iA) At the earliest time after the filing of the Company Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities Underlying Shares and (iiB) at the date of this Agreement, the Company was not and is not an “"ineligible issuer,” " as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an “ineligible issuer”.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” ”, as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Capital Securities and (ii) at the date of the this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (iA) At the earliest time after the of filing of the Registration Statement and any post-effective amendment thereto, (B) at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the Act) of the Offered Securities Shares and (iiC) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Ineligible Issuer Status. (i) At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time after the filing of the Registration Statement thereafter that the Company or another any offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the Act) of the Offered Securities and (ii) at as of the date of this Agreementhereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities Normal APEX and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) under the 0000 Xxx) of the Offered Securities and (ii) at the date of this AgreementNotes, the Company was not and is not an “ineligible issuer,Ineligible Issuer” (as defined in Rule 405405 under the 1933 Act), without taking account of any determination by the SEC pursuant to Rule 405 that it is not necessary that the Company be considered an Ineligible Issuer.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant Selling Stockholders made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, by virtue of a waiver issued by the Commission on May 30, 2009.

Ineligible Issuer Status. (i) At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time after the filing of the Registration Statement thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered 1933 Act Regulations) of the Securities and (ii) at the date of this Agreementhereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.

Ineligible Issuer Status. (iA) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (iiB) at the date of this Agreement, the Company was not and is not an “"ineligible issuer,” " as defined in Rule 405.

Ineligible Issuer Status. (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of ), the Offered Securities Company was not and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.

Ineligible Issuer Status. (iA) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (iiB) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.