Common use of Renewal of Registration Statement Clause in Contracts

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement. If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Date”), any Securities remain unsold by the Underwriters and a prospectus is required to be delivered or made available by the Underwriters under the Securities Act, the Securities Act Regulations, the Exchange Act or the Exchange Act Regulations in connection with the sale of such Securities, the Company shall, prior to such Registration Expiration Date and subject to Section 3.2.2 above, file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, shall use its best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Date, and shall take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. In such event, references herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 6 contracts

Samples: Underwriting Agreement (Cocrystal Pharma, Inc.), Underwriting Agreement (Cocrystal Pharma, Inc.), Underwriting Agreement (Meridian Waste Solutions, Inc.)

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Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement. If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Date”), any Public Securities remain unsold by the Underwriters and a prospectus is required to be delivered or made available by the Underwriters under the Securities Act, the Securities Act Regulations, the Exchange Act or the Exchange Act Regulations in connection with the sale of such Public Securities, the Company shall, prior to such Registration Expiration Date and subject to Section 3.2.2 above, file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement relating to such Public Securities, and, if such registration statement is not an automatic shelf registration statement, shall use its best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Date, and shall take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Public Securities to continue as contemplated in the expired registration statement relating to such Public Securities. In such event, references herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 4 contracts

Samples: Underwriting Agreement (Precipio, Inc.), Underwriting Agreement (Tonix Pharmaceuticals Holding Corp.), Underwriting Agreement (One Horizon Group, Inc.)

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement. If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Date”), any Public Securities remain unsold by the Underwriters and a prospectus is required to be delivered or made available by the Underwriters under the Securities Act, the Securities Act Regulations, the Exchange Act or the Exchange Act Regulations in connection with the sale of such Public Securities, the Company shall, prior to such Registration Expiration Date and subject to Section 3.2.2 above, file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement relating to such Public Securities, and, if such registration statement is not an automatic shelf registration statement, shall use its reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Date, and shall take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Public Securities to continue as contemplated in the expired registration statement relating to such Public Securities. In such event, references herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (DarioHealth Corp.), Underwriting Agreement (Sorrento Therapeutics, Inc.), Underwriting Agreement (Sorrento Therapeutics, Inc.)

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement. If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Date”), any Public Securities remain unsold by the Underwriters and a prospectus is required to be delivered or made available by the Underwriters under the Securities Act, the Securities Act Regulations, the Exchange Act or the Exchange Act Regulations in connection with the sale of such Public Securities, the Company shall, prior to such Registration Expiration Date and subject to Section 3.2.2 above, file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, shall use its best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Date, and shall take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. In such event, references herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 3 contracts

Samples: Underwriting Agreement (Foresight Autonomous Holdings Ltd.), Underwriting Agreement (New Age Beverages Corp), Underwriting Agreement (New Age Beverages Corp)

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement. If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Date”), any Securities remain unsold by the Underwriters Underwriter and a prospectus is required to be delivered or made available by the Underwriters Underwriter under the Securities Act, the Securities Act Regulations, the Exchange Act or the Exchange Act Regulations in connection with the sale of such Securities, the Company shall, prior to such Registration Expiration Date and subject to Section 3.2.2 above, file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, shall use its best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Date, and shall take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. In such event, references herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (CollabRx, Inc.), Underwriting Agreement (CollabRx, Inc.)

Renewal of Registration Statement. The date of this Agreement any agreement by an Underwriter to act as principal or agent in connection with the Underwritten Securities is not more than three years subsequent to the initial effective date of the Registration StatementStatement (the "Renewal Date"). If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Renewal Date”), any of such Underwritten Securities remain unsold by the Underwriters applicable Underwriter(s) and a prospectus Prospectus is required to be delivered or made available by the Underwriters such Underwriter(s) under the Securities Act, the Securities Act Regulations, the Exchange 1933 Act or the Exchange 1934 Act Regulations in connection with the sale of such Underwritten Securities, the Company shallwill, prior to such Registration Expiration the Renewal Date and subject to Section 3.2.2 above3(b), file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement or a shelf registration statement, as applicable, relating to such Underwritten Securities, and, if such registration statement is not an automatic shelf registration statement, shall will use its reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Renewal Date, and shall will take all other reasonable actions necessary or appropriate to permit the public offer offering and sale of such Underwritten Securities to continue as contemplated in the expired registration statement relating to such Underwritten Securities. In such event, references References herein to the "Registration Statement" shall include such new automatic shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 2 contracts

Samples: Underwriting Agreement (Public Service Enterprise Group Inc), Underwriting Agreement (Public Service Enterprise Group Inc)

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement. If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Date”), any Public Securities remain unsold by the Underwriters and a prospectus is required to be delivered or made available by the Underwriters under the Securities Act, the Securities Act Regulations, the Exchange Act or the Exchange Act Regulations in connection with the sale of such SecuritiesPublic Securities and the Ordinary Shares are no longer listed on the ASX, the Company shall, prior to such Registration Expiration Date and subject to Section 3.2.2 above, file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement relating to such Public Securities, and, if such registration statement is not an automatic shelf registration statement, shall use its best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Date, and shall take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Public Securities to continue as contemplated in the expired registration statement relating to such Public Securities. In such event, references herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Moko Social Media LTD)

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement. If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Date”), any Public Securities remain unsold by the Underwriters and a prospectus is required to be delivered or made available by the Underwriters under the Securities Act, the Securities Act Regulations, the Exchange Act or the Exchange Act Regulations in connection with the sale of such Public Securities, the Company shall, prior to such Registration Expiration Date and subject to Section 3.2.2 above, file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement relating to such Public Securities, and, if such registration statement is not an automatic shelf registration statement, shall use its best commercially reasonable efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Date, and shall take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Public Securities to continue as contemplated in the expired registration statement relating to such Public Securities. In such event, references herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Professional Diversity Network, Inc.)

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Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement. If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Date”), any Public Securities remain unsold by the Underwriters Underwriter and a prospectus is required to be delivered or made available by the Underwriters Underwriter under the Securities Act, the Securities Act Regulations, the Exchange Act or the Exchange Act Regulations in connection with the sale of such Public Securities, the Company shall, prior to such Registration Expiration Date and subject to Section 3.2.2 above, file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, shall use its best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Date, and shall take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. In such event, references herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (DPW Holdings, Inc.)

Renewal of Registration Statement. The date of this Agreement any agreement by an Underwriter to act as principal or agent in connection with the Underwritten Securities is not more than three years subsequent to the initial effective date of the Registration StatementStatement (the "Renewal Date"). If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Renewal Date”), any of such Underwritten Securities remain unsold by the Underwriters applicable Underwriter(s) and a prospectus Prospectus is required to be delivered or made available by the Underwriters such Underwriter(s) under the Securities Act, the Securities Act Regulations, the Exchange 1933 Act or the Exchange 1934 Act Regulations in connection with the sale of such Underwritten Securities, the Company shalland each Guarantor will, prior to such Registration Expiration the Renewal Date and subject to Section 3.2.2 above3(b), file, if it has they have not already done so, a new shelf registration statement or, if it is eligible to do soapplicable, an automatic shelf registration statement relating to such Underwritten Securities, and, if such registration statement is not an automatic shelf registration statement, shall will use its reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Renewal Date, and shall will take all other reasonable actions necessary or appropriate to permit the public offer offering and sale of such Underwritten Securities to continue as contemplated in the expired registration statement relating to such Underwritten Securities. In such event, references References herein to the "Registration Statement" shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Pseg Energy Resources & Trade LLC)

Renewal of Registration Statement. The date of this Agreement any agreement by an Underwriter to act as principal or agent in connection with the Underwritten Securities is not more than three years subsequent to the initial effective date of the Registration StatementStatement (the “Renewal Date”). If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Renewal Date”), any of such Underwritten Securities remain unsold by the Underwriters applicable Underwriter(s) and a prospectus Prospectus is required to be delivered or made available by the Underwriters such Underwriter(s) under the Securities Act, the Securities Act Regulations, the Exchange 1933 Act or the Exchange 1934 Act Regulations in connection with the sale of such Underwritten Securities, the Company shalland each Guarantor will, prior to such Registration Expiration the Renewal Date and subject to Section 3.2.2 above3(b), file, if it has they have not already done so, a new shelf registration statement or, if it is eligible to do soapplicable, an automatic shelf registration statement relating to such Underwritten Securities, and, if such registration statement is not an automatic shelf registration statement, shall will use its reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Renewal Date, and shall will take all other reasonable actions necessary or appropriate to permit the public offer offering and sale of such Underwritten Securities to continue as contemplated in the expired registration statement relating to such Underwritten Securities. In such event, references References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Securities Terms Agreement (Pseg Energy Resources & Trade LLC)

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement. If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Date”), any Public Securities remain unsold by the Underwriters and a prospectus is required to be delivered or made available by the Underwriters under the Securities Act, the Securities Act Regulations, the Exchange Act or the Exchange Act Regulations in connection with the sale of such Public Securities, the Company shall, prior to such Registration Expiration Date and subject to Section 3.2.2 above, file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement relating to such Public Securities, and, if such registration statement is not an automatic shelf registration statement, shall use its best efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Date, and shall take all other reasonable actions reasonably necessary or appropriate to permit the public offer and sale of such Public Securities to continue as contemplated in the expired registration statement relating to such Public Securities. In such event, references herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be. The Representative shall immediately notify the Company when it has sold all Public Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Comstock Mining Inc.)

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement. If, immediately prior to the third anniversary of the such initial effective date of the Registration Statement (the “Registration Expiration Date”), any Public Securities remain unsold by the Underwriters and a prospectus is required to be delivered or made available by the Underwriters under the Securities Act, the Securities Act Regulations, the Exchange Act or the Exchange Act Regulations in connection with the sale of such Public Securities, the Company shall, prior to such Registration Expiration Date and subject to Section 3.2.2 above, file, if it has not already done so, a new shelf registration statement or, if it is eligible to do so, an automatic shelf registration statement relating to such Public Securities, and, if such registration statement is not an automatic shelf registration statement, shall use its best commercially reasonable efforts to cause such registration statement to be declared effective within 180 days after the Registration Expiration Date, and shall take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Public Securities to continue as contemplated in the expired registration statement relating to such Public Securities. In such event, references herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Kips Bay Medical, Inc.)

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