Common use of NOTICE TO COMPANY OF PROPOSED SALE AND RIGHT OF COMPANY TO SUSPEND USE OF REGISTRATION STATEMENT Clause in Contracts

NOTICE TO COMPANY OF PROPOSED SALE AND RIGHT OF COMPANY TO SUSPEND USE OF REGISTRATION STATEMENT. If any Purchaser (as defined in Section 6.2 above) shall propose to sell any Registrable Securities pursuant to the Registration Statement, it shall notify Celtrix of its intent to do so at least three (3) full trading days prior to such sale, and the provision of such notice to Celtrix shall conclusively be deemed to establish an agreement by such Purchaser to comply with the registration provisions herein described. Unless otherwise specified in such notice, such notice shall be deemed to constitute a representation that any information previously supplied by such Purchaser is accurate as of the date of such notice. At any time within such three (3) trading-day period, Celtrix may refuse to permit the Purchaser to resell any Registrable Securities pursuant to the Registration Statement; provided, however, that in order to exercise this right, Celtrix must deliver a certificate in writing to the Purchaser to the effect that a delay in such sale is necessary because a sale pursuant to such Registration Statement in its then-current form could constitute a violation of the federal securities laws. In no event shall such delay exceed ten (10) trading days; provided, however, that if, prior to the expiration of such ten (10) trading day period, Celtrix delivers a certificate in writing to the Purchaser to the effect that a further delay in such sale beyond such ten (10) trading day period is necessary because the disclosures required to be made for a sale pursuant to such Registration Statement to be in compliance with federal securities laws would be seriously detrimental to Celtrix and its stockholders, Celtrix may refuse to permit such Purchaser to resell any Registrable Securities pursuant to the registration statement for an additional period not to exceed ten (10) trading days. Celtrix may not utilize this right more than once in any three (3) month period.

Appears in 2 contracts

Samples: Common Stock and Warrant Purchase Agreement (Celtrix Pharmaceuticals Inc), Common Stock and Warrant Purchase Agreement (Celtrix Pharmaceuticals Inc)

AutoNDA by SimpleDocs

NOTICE TO COMPANY OF PROPOSED SALE AND RIGHT OF COMPANY TO SUSPEND USE OF REGISTRATION STATEMENT. If any the Purchaser (as defined in Section 6.2 above) shall propose to sell any Registrable Securities pursuant to the Registration Statementregistration statement, it shall notify Celtrix Matritech of its intent to do so at least three (3) full trading days prior to such sale, and the provision of such notice to Celtrix Matritech shall conclusively be deemed to establish an agreement by such the Purchaser to comply with the registration provisions herein described. Unless otherwise specified in such notice, such notice shall be deemed to constitute a representation that any information previously supplied by such the Purchaser is accurate as of the date of such notice. At any time within such three (3) trading-day period, Celtrix Matritech may refuse to permit the Purchaser to resell any Registrable Securities pursuant to the Registration Statementregistration statement; provided, however, that in order to exercise this right, Celtrix Matritech must deliver a certificate in writing to the Purchaser to the effect that a delay in such sale is necessary because a sale pursuant to such Registration Statement registration statement in its then-current form could constitute a violation of the federal securities laws. In no event shall such delay exceed ten (10) trading days; provided, however, that if, prior to the expiration of such ten (10) trading day period, Celtrix Matritech delivers a certificate in writing to the Purchaser to the effect that a further delay in such sale beyond such ten (10) trading day period is necessary because the disclosures required to be made for a sale pursuant to such Registration Statement registration statement to be in compliance with federal securities laws would be seriously detrimental to Celtrix Matritech and its stockholders, Celtrix Matritech may refuse to permit such the Purchaser to resell any Registrable Securities pursuant to the registration statement for an additional period not to exceed ten (10) trading days. Celtrix Matritech may not utilize this right more than once in any three (3) month period.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Matritech Inc/De/)

NOTICE TO COMPANY OF PROPOSED SALE AND RIGHT OF COMPANY TO SUSPEND USE OF REGISTRATION STATEMENT. If any the Purchaser (as defined in Section 6.2 above) shall propose to sell any Registrable Securities pursuant to the Registration Statementregistration statement, it shall notify Celtrix Matritech of its intent to do so at least three (3) full trading days prior to such sale, and the provision of such notice to Celtrix Matritech shall conclusively be deemed to establish an agreement by such the Purchaser to comply with the registration provisions herein described. Unless otherwise specified in such notice, such notice shall be deemed to constitute a representation that any information previously supplied by such the Purchaser is accurate as of the date of such notice. At any time within such three (3) trading-day period, Celtrix Matritech may refuse to permit the Purchaser to resell any Registrable Securities pursuant to the Registration Statementregistration statement; provided, however, that in order to exercise this right, Celtrix Matritech must deliver a certificate in writing to the Purchaser to the effect that a delay in such sale is necessary because a sale pursuant to such Registration Statement registration statement in its then-current form could constitute a violation of the federal securities laws. In no event shall such delay exceed ten (10) trading days; provided, however, that if, prior to the expiration of such ten (10) trading day period, Celtrix Matritech delivers a certificate in writing to the Purchaser to the effect that a further delay in such sale beyond such ten (10) trading day period is necessary because the disclosures required to be made for a sale pursuant to such Registration Statement registration statement to be in compliance with federal securities laws would be seriously detrimental to Celtrix Matritech and its stockholders, Celtrix Matritech may refuse to permit such the Purchaser to resell any Registrable Securities pursuant to the registration statement for an additional period not to exceed ten (10) trading days. Celtrix Matritech may not utilize this right more than once in any three (3) month period.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Matritech Inc/De/)

AutoNDA by SimpleDocs

NOTICE TO COMPANY OF PROPOSED SALE AND RIGHT OF COMPANY TO SUSPEND USE OF REGISTRATION STATEMENT. If any Purchaser (as defined in Section 6.2 above) shall propose to sell any Registrable Securities pursuant to the Registration Statementregistration statement, it shall notify Celtrix of its intent to do so at least three (3) full trading days prior to such sale, and the provision of such notice to Celtrix shall conclusively be deemed to establish an agreement by such Purchaser to comply with the registration provisions herein described. Unless otherwise specified in such notice, such notice shall be deemed to constitute a representation that any information previously supplied by such Purchaser is accurate as of the date of such notice. At any time within such three (3) trading-day period, Celtrix may refuse to permit the Purchaser to resell any Registrable Securities pursuant to the Registration Statementregistration statement; provided, however, that in order to exercise this right, Celtrix must deliver a certificate in writing to the Purchaser to the effect that a delay in such sale is necessary because a sale pursuant to such Registration Statement registration statement in its then-current form could constitute a violation of the federal securities laws. In no event shall such delay exceed ten (10) trading days; provided, however, that if, prior to the expiration of such ten (10) trading day period, Celtrix delivers a certificate in writing to the Purchaser to the effect that a further delay in such sale beyond such ten (10) trading day period is necessary because the disclosures required to be made for a sale pursuant to such Registration Statement registration statement to be in compliance with federal securities laws would be seriously detrimental to Celtrix and its stockholders, Celtrix may refuse to permit such Purchaser to resell any Registrable Securities pursuant to the registration statement for an additional period not to exceed ten (10) trading days. Celtrix may not utilize this right more than once in any three (3) month period.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Celtrix Pharmaceuticals Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!