New Registration Statement. If the third anniversary of the initial effective date of the Registration Statement occurs before all the Placement Shares have been sold, prior to such third anniversary, to file a new shelf registration statement and to take any other action necessary to permit the public offering of the Placement Shares to continue without interruption (references herein to the Registration Statement shall include the new registration statement that is declared effective by, or becomes effective upon filing with, the Commission).
Appears in 3 contracts
Samples: At the Market Issuance Sales Agreement (Icad Inc), At the Market Issuance Sales Agreement (CPS Technologies Corp/De/), At the Market Issuance Sales Agreement (CPS Technologies Corp/De/)
New Registration Statement. If the third anniversary of the initial effective date of the Registration Statement occurs before all the Placement Shares have been sold, prior to such third anniversary, to file file, subject to Section 6(b), a new shelf registration statement and to take any other action necessary to permit the public offering of the Placement Shares to continue without interruption (references herein to the Registration Statement shall include the new registration statement that is declared as effective by, or becomes effective upon filing with, under the CommissionSecurities Act).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Independence Realty Trust, Inc.), Equity Distribution Agreement (Mid-America Apartments, L.P.)
New Registration Statement. If the third anniversary of the initial effective date of the Registration Statement occurs before all the Placement Shares Securities have been soldsold by the Underwriters, then the Company will, prior to such the third anniversary, to file a new shelf registration statement and to take any other action necessary to permit the public offering of the Placement Shares Securities to continue without interruption (interruption; references herein to the Registration Statement shall will be deemed to include the any such new registration statement that is declared has become effective by, or becomes effective upon filing with, under the Commission)Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Colony Starwood Homes), Underwriting Agreement (Colony Starwood Homes)