Common use of S-3 Eligibility Clause in Contracts

S-3 Eligibility. At the time the Registration Statement was originally declared effective, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 of Form S-3).

S-3 Eligibility. At the time the Registration Statement was originally declared effectiveeffective and at the time the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act 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).

S-3 Eligibility. At the time the Registration Statement was originally declared effective, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-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, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-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 effectivefiled, including the Prospectus, and such amendments and supplements thereto as may have been required, with the Commission, the Company met the then then-applicable requirements for use of Form S-3 under the Securities Act (without reliance on the limitation specified in General Instruction I.B.6 of Form S-3).I.B.

S-3 Eligibility. At the time the Registration Statement was originally declared effective, effective the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3)S-3 under the Securities Act specified in Conduct Rule 5110(b)(7)(C)(i) of the Financial Industry Regulatory Authority (“FINRA”) Manual.

S-3 Eligibility. At the time the Registration Statement was originally declared effectiveeffective and as of the date hereof, the Company met the then applicable requirements for use of Form S-3 under the Securities Act 0000 Xxx. The Company is eligible to offer and sell securities under the Registration Statement (including, assuming no act or omission on the part of the Agent that would make such statement untrue, the offer and sale of the Shares) without reliance on General Instruction I.B.6 of Form S-3).

S-3 Eligibility. At the time the Registration Statement was originally declared effectivefiled with the Commission, the Company met the then applicable requirements for the use of Form S-3 under the Securities Act (without reliance on Act, including, but not limited to, General Instruction I.B.6 of Form S-3)I.B.1.

S-3 Eligibility. At the time the Registration Statement was originally declared effectiveeffective and at the time the Company’s Annual Report was filed with the Commission, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in Conduct Rule 2710(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, the Company met the then applicable requirements for use of Form S-3 under the Securities Act 0000 Xxx. The Company is eligible to offer and sell securities under the Registration Statement (including, assuming no act or omission on the part of the Agent that would make such statement untrue, the offer and sale of the Shares) without reliance on General Instruction I.B.6 of Form S-3).

S-3 Eligibility. At the time the Registration Statement was originally declared effective, the Company met the then applicable requirements for use of Form S-3 under the Securities Act 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).

S-3 Eligibility. At the time the Registration Statement was originally declared effective, the Company met the then applicable requirements for use of Form S-3 under the Securities Act Act. The Company is eligible to offer and sell securities under the Registration Statement (including the offer and sale of the Firm Primary Shares and the Optional Primary Shares) without reliance on General Instruction I.B.6 of Form S-3).

S-3 Eligibility. At the time the Registration Statement was originally declared effective, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-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, the Company met the then applicable requirements for use of Form S-3 under the Securities Act 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, effective the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in FINRA Rule 5110(b)(7)(C)(i).

S-3 Eligibility. At the time of filing the Registration Statement was originally declared effectiveStatement, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 of Form S-3)Act.

S-3 Eligibility. At the time the Registration Statement was originally declared effectiveeffective and as of the date hereof, the Company met the then applicable requirements for use of Form S-3 under the Securities Act 0000 Xxx. The Company is eligible to offer and sell securities under the Registration Statement (without reliance on General Instruction I.B.6 including the offer and sale of Form S-3the Shares).

S-3 Eligibility. At the time the Registration Statement was originally declared effective, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 Act. The Company meets the requirements for use of Form S-3S-3 under the Securities Act specified in 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 as of the date hereof, the Company met the then applicable requirements for the use of Form S-3 under the Securities Act (without reliance on Act, including, but not limited to, General Instruction I.B.6 I.B.1 of Form S-3).

S-3 Eligibility. At the time the each Registration Statement was originally declared effective, the Company met the then applicable requirements for use of Form S-3 under the Securities Act (without reliance on General Instruction I.B.6 of Form S-3).