Maintenance of Registration Statement. For so long as any of the Convertible Notes remain outstanding, the Company shall use its reasonable best efforts to maintain the effectiveness of the Registration Statement for the issuance thereunder of the Conversion Shares, provided that if at any time while the Convertible Notes are outstanding the Company shall be ineligible to utilize Form S-3 (or any successor form) for the purpose of issuance of the Conversion Shares, the Company shall promptly amend the Registration Statement on such other form as may be necessary to maintain the effectiveness of the Registration Statement for this purpose. If at any time following the date hereof the Registration Statement is not effective or is not otherwise available for the issuance of the Conversion Shares or any prospectus contained therein is not available for use, the Company shall immediately notify the holders of the Convertible Notes in writing that the Registration Statement is not then effective or a prospectus contained therein is not available for use and thereafter shall promptly notify such holders when the Registration Statement is effective again and available for the issuance of the Conversion Shares or such prospectus is again available for use.
Maintenance of Registration Statement. (i) For so long as any of the Common Shares or Warrants remain outstanding, the Company shall use its reasonable best efforts to maintain the effectiveness of the Registration Statement for the issuance thereunder of the Registrable Securities (as defined below); provided that, if at any time while the Warrants are outstanding the Company shall be ineligible to utilize Form S-3 (or any successor form) for the purpose of issuance of the Registrable Securities the Company shall use its reasonable best efforts to promptly amend the Registration Statement on such other form as may be necessary to maintain the effectiveness of the Registration Statement for this purpose. For the purpose of this Agreement, "Registrable Securities" means (i) the Common Shares, (ii) the Warrant Shares issued or issuable upon exercise of the Warrants, (iii) the Warrants and (iv) any shares of capital stock of the Company issued or issuable with respect to the Common Shares, the Warrants and/or the Warrant Shares as a result of any stock split, stock dividend, recapitalization, exchange or similar event or otherwise, without regard to any limitations on exercise of the Warrants.
Maintenance of Registration Statement. For so long as any of the Warrants remain outstanding, the Company shall use its reasonable best efforts to maintain the effectiveness of the Registration Statement for the issuance thereunder of the Warrant Shares; provided that, if at any time while the Warrants are outstanding the Company shall be ineligible to utilize Form F-3 (or any successor form) for the purpose of issuance of the Warrant Shares the Company shall promptly amend the Registration Statement on such other form as may be necessary to maintain the effectiveness of the Registration Statement for this purpose.
Maintenance of Registration Statement. The Company will maintain the effectiveness of the Registration Statement filed hereunder from its effective date through and until 24 months after the Closing Date, unless all securities registered under the Registration Statement have been sold or are otherwise able to be sold pursuant to Rule 144, at which time the Company will no longer be required to maintain the Registration Statement further.
Maintenance of Registration Statement. For so long as any of the Warrants remain outstanding or any Additional Common Shares or Additional Warrants are issuable hereunder, the Company shall use its best efforts to maintain the effectiveness of the Registration Statement for the issuance thereunder of the Additional Common Shares, Additional Warrants, and/or Warrant Shares, provided that if at any time while the Warrants are outstanding or any Additional Common Shares or Additional Warrants are issuable hereunder the Company shall be ineligible to utilize Form S-3 (or any successor form) for the purpose of issuance of the Additional Common Shares, Additional Warrants, and/or Warrant Shares, the Company shall promptly amend the Registration Statement on such other form as may be necessary to maintain the effectiveness of the Registration Statement for this purpose. If at any time during the period commencing on the date hereof and ending on the last Trading Day during the Additional Closing Eligibility Period (after giving effect to any extensions thereof in accordance herewith), the Registration Statement is not effective or is not otherwise available for the issuance of the Securities or any prospectus contained therein is not available for use (each, a “Registration Failure”), the Company shall immediately notify the holders of the Securities in writing that the Registration Statement is not then effective or a prospectus contained therein is not available for use, the Company shall promptly (but no later than 10 Trading Days after such Registration Failure) file a new registration statement (each, a “Replacement Registration Statement”) with respect to the Additional Common Shares, Additional Warrants and Warrant Shares that are then eligible to be issued hereunder and/or pursuant to the Warrants, as applicable, and thereafter shall promptly notify such holders when the Registration Statement or such Replacement Registration Statement, as applicable, is effective and available for the issuance of the Securities or such prospectus is again available for use. The Company shall use its best efforts to cause any Replacement Registration Statement to be declared effective as soon as practicable but no later than ninety (90) calendar days following the filing thereof with the SEC (such effective date, the “Replacement Registration Statement Effective Date”). On the Replacement Registration Statement Effective Date, solely with respect to any subsequent issuance of any Additional Common Shares or Ad...
Maintenance of Registration Statement. For so long as any of the Issuable Shares remains outstanding, the Company shall use its best efforts to maintain the effectiveness of the Registration Statement for the sale thereunder of the Issuable Shares. The Company shall promptly amend the Registration Statement on such other form as may be necessary to maintain the effectiveness of the Registration Statement for this purpose. If at any time following the date hereof the Registration Statement is not effective or is not otherwise available for the issuance of the Issuable Shares or any prospectus contained therein is not available for use, the Company shall immediately notify the Purchaser in writing that the Registration Statement is not then effective or a prospectus contained therein is not available for use and thereafter shall promptly notify the Purchaser when the Registration Statement is effective again and available for the issuance of the Issuable Shares or such prospectus is again available for use.
Maintenance of Registration Statement. For so long as any of the Commitment Shares remain owned by any Purchaser, the Company shall use its best efforts to maintain the effectiveness of the Registration Statement for the issuance thereunder of the Commitment Shares, the Company shall promptly amend the Registration Statement on such other form as may be necessary to maintain the effectiveness of the Registration Statement for this purpose. If at any time following the date hereof the Registration Statement is not effective or is not otherwise available for the issuance of the Commitment Shares or any prospectus contained therein is not available for use, the Company shall immediately notify the Purchasers in writing that the Registration Statement is not then effective or a prospectus contained therein is not available for use and thereafter shall promptly notify such holders when the Registration Statement is effective again and available for the issuance of the Commitment Shares or such prospectus is again available for use.
Maintenance of Registration Statement. (i) For so long as any of the Warrants remain outstanding or any Adjustment Shares or Capacity Shares may be issued to the Buyers, the Company shall use its reasonable best efforts to maintain the effectiveness of the Registration Statement for the issuance thereunder of the Registrable Securities (as defined below); provided that, if at any time while any Warrants are outstanding, the Company shall be ineligible to utilize Form S-3 (or any successor form) for the purpose of issuance of the Registrable Securities (as defined below) the Company shall use its reasonable best efforts to promptly amend or supplement the Registration Statement or, if necessary, file a new registration statement on such other form as may be necessary to maintain the effectiveness of the Registration Statement or such other registration statement for this purpose. For the purpose of this Agreement, “Registrable Securities” means at least the sum of (i) the number of shares of Common Stock issuable as Adjustment Shares, Capacity Shares and upon exercise of the Warrants then outstanding (without taking into account any limitations on the number of Adjustment Shares, Capacity Shares or limitations on exercise of the Warrants set forth herein or in the Warrants, including, without limitation, the Maximum Percentage) and (ii) any shares of capital stock of the Company issued or issuable with respect to the Common Shares, the Adjustment Shares, the Capacity Shares, the Warrants and/or the Warrant Shares as a result of any stock split, stock dividend, recapitalization, exchange, shareholder approval or similar event or adjustment or otherwise, without regard to any limitations on issuance, conversion or exercise thereof.
Maintenance of Registration Statement. For so long as any of the Preferred Shares or Warrants remain outstanding, the Company shall use its best efforts to maintain the effectiveness of the Registration Statement for the issuance thereunder of the Conversion Shares and the Warrant Shares, respectively, provided that if at any time while the Preferred Shares or Warrants are outstanding the Company shall be ineligible to utilize Form S-3 (or any successor form) for the purpose of issuance of the Conversion Shares or the Warrant Shares, the Company shall promptly amend the Registration Statement on such other form as may be necessary to maintain the effectiveness of the Registration Statement for this purpose. If at any time following the date hereof the Registration Statement is not effective or is not otherwise available for the issuance of the Securities or any prospectus contained therein is not available for use, the Company shall immediately notify the holders of the Securities in writing that the Registration Statement is not then effective or a prospectus contained therein is not available for use and thereafter shall promptly notify such holders when the Registration Statement is effective again and available for the issuance of the Securities or such prospectus is again available for use. In further addition, the Company shall file such amendments to the Registration Statement (or such other registration statement on such other form as may be necessary to maintain the effectiveness of the Registration Statement for this purpose) and such prospectus supplements that may be necessary for the issuance of any Conversion Shares and/or Warrant Shares to the Investors free of any restrictive legends or other limitation on resale by the Investors under the Securities Act.
Maintenance of Registration Statement. The Borrower will maintain the effectiveness of the Registration Statement under all applicable Requirements of Law.
