Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Registrable Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix I (the “Questionnaire”), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable Shares.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Armen Garo H), Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Antigenics Inc /De/)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Registrable Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix I II (the “Registration Statement Questionnaire”), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable Shares.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Zix Corp), Securities Purchase Agreement (Zix Corp), Securities Purchase Agreement (Zix Corp)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Registrable Purchased Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix I (the “Questionnaire”), Statement Questionnaire by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable Purchased Shares.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Nutrition 21 Inc), Common Stock Purchase Agreement (Vivus Inc), Common Stock Purchase Agreement (Vivus Inc)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 S-1 Registration Statement for the registration of the resale of the Registrable Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix I II (the “Registration Statement Questionnaire”), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable Shares.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ocz Technology Group Inc), Securities Purchase Agreement (Ocz Technology Group Inc)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a registration statement on Form S-3 Registration Statement for the resale of the Registrable Purchased Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, Questionnaire (attached hereto as Appendix I II) (the “Questionnaire”), "REGISTRATION STATEMENT QUESTIONNAIRE") by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable SharesShares (as defined below).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Stemcells Inc), Securities Purchase Agreement (Biopure Corp)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Registrable Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Statement/ Suitability Questionnaire, attached hereto as Appendix I II (the “Registration Statement Questionnaire”), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable Shares.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Zix Corp), Securities Purchase Agreement (Zix Corp)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Registrable Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix I II (the “Questionnaire”"REGISTRATION STATEMENT QUESTIONNAIRE"), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable SharesShares (as defined below).
Appears in 1 contract
Samples: Securities Purchase Agreement (Warburg Pincus Investors Lp)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a registration statement on Form S-3 Registration Statement for the resale of the Registrable Purchased Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, Statement Questionnaire (attached hereto as Appendix I II) (the “Registration Statement Questionnaire”), ) by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable SharesShares (as defined below).
Appears in 1 contract
Samples: Securities Purchase Agreement (Applied Imaging Corp)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Registrable Purchased Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, Statement Questionnaire (attached hereto as Appendix I II) (the “Questionnaire”), "REGISTRATION STATEMENT QUESTIONNAIRE") by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable SharesShares (as defined below).
Appears in 1 contract
Samples: Securities Purchase Agreement (Globecomm Systems Inc)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Registrable Purchased Shares (as defined below) and the resale of the Underlying Shares by the Purchasers. Assuming the completion and timely delivery to the Company of the Registration Statement/Suitability Questionnaire, Statement Questionnaire attached hereto as Appendix I II (the “Registration Statement Questionnaire”), ) by each Purchaser to the CompanyPurchaser, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable SharesShares (as defined below).
Appears in 1 contract
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Registrable Securities and the Underlying Shares (as defined below) by the PurchasersInvestors. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix I (the “Questionnaire”), by each Purchaser to the Company, the The Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable Securities and Underlying Shares.
Appears in 1 contract
Samples: Subscription Agreement (Elite Pharmaceuticals Inc /De/)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Registrable Purchased Shares (as defined below) and the Warrant Shares by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix I (the “Questionnaire”), Statement Questionnaire by each Purchaser to the CompanyCompany pursuant to Section 4(k) hereof, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable Purchased Shares or the Warrant Shares.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Physiometrix Inc)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a registration statement on Form S-3 Registration Statement for the resale of the Registrable Purchased Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, Questionnaire (attached hereto as Appendix I II) (the “Registration Statement Questionnaire”), ) by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable SharesShares (as defined below).
Appears in 1 contract
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a Form S-3 Registration Statement for the resale of the Registrable Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery of the Registration Statement/Suitability Questionnaire, attached hereto as Appendix I II (the “"Registration Statement Questionnaire”"), by each Purchaser to the Company, the Company is not aware of any facts or circumstances that would prohibit or delay the preparation and filing of a registration statement with respect to the Registrable SharesShares (as defined below).
Appears in 1 contract
Samples: Securities Purchase Agreement (Indus International Inc)
Registration Statement Matters. The Company currently meets the eligibility requirements for use of a registration statement on Form S-3 Registration Statement for the resale of the Registrable Purchased Shares (as defined below) by the Purchasers. Assuming the completion and timely delivery to the Company by each Purchaser of the a Registration Statement/Suitability Questionnaire, Questionnaire substantially in the form attached hereto as Appendix I (the “Questionnaire”), by each Purchaser to the CompanyII, the Company is not aware of any facts or circumstances that would could reasonably be expected to prohibit or materially delay the preparation and filing of a registration statement with respect to the Registrable SharesShares (as defined below).
Appears in 1 contract