Common use of Not Ineligible Issuer Clause in Contracts

Not Ineligible Issuer. (A) 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 Securities and (B) as of the Execution Time (with such date being used as the determination date for purposes of this clause (B)), 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.

Not Ineligible Issuer. (A) 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)) of the 1933 Act Regulations) of the Securities and (BC) as of at the Execution Time (with such date being used as the determination date for purposes of this clause (B))Agreement, 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 Commission pursuant to Rule 405 that it is not necessary that the Company be considered an Ineligible Issuerineligible issuer.

Not Ineligible Issuer. (A) At the time of filing the Registration Statement, (B) 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 Securities Act Regulations) of the Securities, (C) at the date of this Agreement and (BD) as of at the Execution Time (with such date being used as the determination date for purposes of this clause (B))Applicable Time, the Company was not and nor is not an Ineligible Issuer (“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 Issuerineligible issuer.

Not Ineligible Issuer. (Ai) 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 Securities Act) of the Shares and (Bii) as of the Execution Time (with such date being used as the determination date for purposes of this clause (Bii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405405 under the Act), without taking account of any determination by the Commission pursuant to Rule 405 under the Act that it is not necessary that the Company be considered an Ineligible Issuer.

Not Ineligible Issuer. (A) At the time of filing the Registration Statement, (B) 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 Securities Act Regulations) of the Securities, (C) at the date of this Agreement and (BD) as of at the Execution Time (with such date being used as the determination date for purposes of this clause (B))Applicable Time, the Company was not and nor is not an Ineligible Issuer (“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. (v)