Reporting Status; Eligibility to Use Form S-3. So long as a Purchaser beneficially owns any of the Securities, the Company shall timely file all reports required to be filed with the Commission pursuant to the Exchange Act, and the Company shall not terminate its status as an issuer required to file reports under the Exchange Act even if the Exchange Act or the rules and regulations thereunder would permit such termination. The Company currently meets, and will take all necessary action to continue to meet, the "registrant eligibility" requirements set forth in the general instructions to Form S-3 applicable to "resale" registrations on Form S-3 during the Effectiveness Period (as defined in the Registration Rights Agreement).
Appears in 7 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Home Solutions of America Inc), Series B Convertible Preferred Stock Purchase Agreement (Home Solutions of America Inc), Common Stock Purchase Agreement (Delcath Systems Inc)
Reporting Status; Eligibility to Use Form S-3. So long as a Purchaser beneficially owns any of the Securities, the Company shall timely file all reports required to be filed with the Commission pursuant to the Exchange Act, and the Company shall not terminate its status as an issuer required to file reports under the Exchange Act even if the Exchange Act or the rules and regulations thereunder would permit such termination. The Company currently meets, and will take all necessary action to continue to meet, the "“registrant eligibility" ” requirements set forth in the general instructions to Form S-3 applicable to "“resale" ” registrations on Form S-3 during the Effectiveness Period (as defined in the Registration Rights Agreement).
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Fibernet Telecom Group Inc\)
Reporting Status; Eligibility to Use Form S-3. So long as a Purchaser beneficially owns any of the Securities, the Company shall timely file all reports required to be filed with the Commission pursuant to the Exchange Act, and the Company shall not terminate its status as an issuer required to file reports under the Exchange Act even if the Exchange Act or the rules and regulations thereunder would permit such termination. The Company currently meets, and will take all necessary commercially reasonable action to continue to meet, meet the "“registrant eligibility" ” requirements set forth in the general instructions to Form S-3 applicable to "“resale" ” registrations on Form S-3 during the Effectiveness Period (as defined in the Registration Rights Agreement).
Appears in 1 contract
