Common use of S-3 Eligibility Clause in Contracts

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2012 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2009 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2006 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i) of the National Association of Securities Dealers Inc. (the “NASD”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2014 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets company is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared became effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (the “FINRA”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use Act (without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(iS-3).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31September 30, 2008 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets does not meet the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i) of The Financial Industry Regulatory Authority Inc. (“FINRA”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2011 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared became effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2013 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2010 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i)) of the Financial Industry Regulatory Authority.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2010 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2005 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s 's Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2005 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i) of the National Association of Securities Dealers Inc. (the "NASD").

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2010 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act0000 Xxx. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i) of the Financial Industry Regulatory Authority, Inc. (“FINRA”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2010 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets company is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2012 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (“FINRA”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2016 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2017 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared became effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2015 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the each Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2010 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statements (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At As of the time date on which the Registration Statement was originally declared effective and at filed with the time Commission, as of any update of the Company’s Registration Statement pursuant to Section 10(a)(3) of the Securities Act (including the filing of any Annual Report on Form 10-K for K), and as of the year ended December 31, 2008 (the “Annual Report”) was filed with the Commissiondate hereof, the Company met was and is eligible to file and use a “shelf” Registration Statement on Form S-3 with the then applicable Commission and it meets the transaction requirements for use as set forth in General Instruction I.B.1 of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared became effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2009 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2010 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (“FINRA”).

S-3 Eligibility. At the time the each Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31September 30, 2008 2009 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared became effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2014 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i)) of the Financial Industry Regulatory Authority.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31September 27, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2006 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA NASD Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i) of the Financial Industry Regulatory Authority (the “FINRA”).

S-3 Eligibility. At the time the Original Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i) of the National Association of Securities Dealers Inc. (the “NASD”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s 's Annual Report on Form 10-K for the year ended December 31, 2008 2006 (the “"Annual Report”") was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i)2710(b)(7)(C)(i) of the NASD.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2010 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use Act (without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(iS-3).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2010 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets company is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December August 31, 2008 2007 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA NASD Conduct Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2013 was filed with the Commission, the Company met the then then-applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Securities) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (“FINRA”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2011 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (“FINRA”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority, Inc. (the “FINRA”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2005 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K KSB for the year ended December 31, 2008 2006 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets does not meet the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i) of the National Association of Securities Dealers Inc. (the “NASD”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 2011 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i) of the Financial Industry Regulatory Authority, Inc. (“FINRA”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i) of The Financial Industry Regulatory Authority Inc. (“FINRA”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Conduct Rule 5110(b)(7)(C)(i2710(b)(7)(C)(i) of the National Association of Securities Dealers Inc. (the “NASD”).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 (the “Annual Report”) 2015 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets the requirements for use of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time the Registration Statement was originally declared effective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31June 30, 2008 (the “Annual Report”) 2014 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act. The Company meets is eligible to offer and sell securities under the requirements for use Registration Statement (including the offer and sale of the Offered Shares) without reliance on General Instruction I.B.6 of Form S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i)S-3.