Common use of Maintenance of Registration Statement Clause in Contracts

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.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Comstock Inc.), Securities Purchase Agreement (Terra Tech Corp.), Securities Purchase Agreement (Terra Tech Corp.)

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Maintenance of Registration Statement. For so long as any of the Convertible Notes 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 Conversion Warrant Shares, provided that that, if at any time while the Convertible Notes 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 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 Conversion Shares Securities or any prospectus contained therein is not available for use, the Company shall immediately notify the holders of the Convertible Notes 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 Conversion Shares Securities or such prospectus is again available for use.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Navidea Biopharmaceuticals, Inc.), Securities Purchase Agreement (Elephant Talk Communications Corp), Securities Purchase Agreement (BSD Medical Corp)

Maintenance of Registration Statement. For so long as any of the Convertible Notes 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 Conversion Warrant Shares, provided that if at any time while the Convertible Notes 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 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 Conversion Shares Securities or any prospectus contained therein is not available for use, the Company shall immediately notify the holders of the Convertible Notes 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 Conversion Shares Securities or such prospectus is again available for use.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Biostar Pharmaceuticals, Inc.), Securities Purchase Agreement (Kandi Technologies Group, Inc.), Securities Purchase Agreement (Kandi Technologies Group, Inc.)

Maintenance of Registration Statement. For so long as any of the Convertible Notes 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 Conversion Warrant Shares, provided that that, if at any time while the Convertible Notes 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 Warrant Shares, 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. 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 Securities or any prospectus contained therein is not available for use, the Company shall immediately notify the holders of the Convertible Notes 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 Conversion Shares Securities or such prospectus is again available for use.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Tapimmune Inc), Securities Purchase Agreement (ZaZa Energy Corp), Securities Purchase Agreement (Microvision Inc)

Maintenance of Registration Statement. For so long as any of the Convertible Notes 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 Conversion Warrant Shares, provided that that, if at any time while the Convertible Notes 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 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 Conversion Shares Securities or any prospectus contained therein is not available for use, the Company shall immediately notify the holders of the Convertible Notes 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 Conversion Shares Securities or such prospectus is again available for use.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Biodelivery Sciences International Inc), Securities Purchase Agreement (Tri Valley Corp), Securities Purchase Agreement (Novadel Pharma Inc)

Maintenance of Registration Statement. For so long as any of the Convertible Notes Preferred Shares 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 Preferred Shares 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 Preferred Shares 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.

Appears in 2 contracts

Samples: Securities Purchase Agreement (xG TECHNOLOGY, INC.), Securities Purchase Agreement (xG TECHNOLOGY, INC.)

Maintenance of Registration Statement. For so long as any of the Convertible Notes Subscription Units 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 Unit Shares, provided that if at any time while the Convertible Notes Subscription Units are outstanding the Company shall be ineligible to utilize Form S-3 (or any successor form) for the purpose of issuance of the Conversion Unit 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 Securities or any prospectus contained therein is not available for use, the Company shall immediately notify the holders of the Convertible Notes 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 Conversion Shares Securities or such prospectus is again available for use.

Appears in 1 contract

Samples: Securities Purchase Agreement (Marina Biotech, Inc.)

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Maintenance of Registration Statement. For so long as any of the Convertible Notes 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 Conversion SharesWarrants, provided that if at any time while Warrant Shares and 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 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 Conversion Warrants, Warrant Shares and the Commitment Shares or any prospectus contained therein is not available for use, the Company shall immediately notify the holders of the Convertible Notes 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 Conversion Warrants, Warrant Shares and Commitment Shares or such prospectus is again available for use.

Appears in 1 contract

Samples: Securities Purchase Agreement (DPW Holdings, Inc.)

Maintenance of Registration Statement. For so long as any of the Convertible Notes 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 Conversion Warrant Shares, provided that that, if at any time while the Convertible Notes 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 Warrant Shares, the Company shall promptly use its reasonable best efforts to 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 Securities or any prospectus contained therein is not available for use, the Company shall immediately notify the holders of the Convertible Notes 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 Conversion Shares Securities or such prospectus is again available for use.

Appears in 1 contract

Samples: Securities Purchase Agreement (Icop Digital, Inc)

Maintenance of Registration Statement. For so long as any of the Convertible Notes Warrants remain outstanding, the Company shall use its commercially reasonable best efforts to maintain the effectiveness of the Registration Statement for the issuance thereunder of the Conversion Warrant Shares, provided that if at any time while the Convertible Notes 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 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 Conversion Shares Securities or any prospectus contained therein is not available for use, the Company shall immediately notify the holders of the Convertible Notes 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 Conversion Shares Securities or such prospectus is again available for use.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nova Lifestyle, Inc.)

Maintenance of Registration Statement. For so long as any of the Convertible Notes remain Promissory Note remains 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 Promissory Note is outstanding the Company shall be ineligible to utilize Form S-3 F-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 holder of the Convertible Notes Promissory Note 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (China Ceramics Co., LTD)

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