S-3 Eligible Sample Clauses

S-3 Eligible. The Company is eligible to register the Company Shares and Warrant Shares with the Commission on Form S-3 for resale to the public.
Sample 1
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S-3 Eligible. If at any time the Company becomes eligible to register the resale of the Registrable Securities on Form S-3, it shall promptly convert any then effective Registration Statement(s) to Form S-3 and shall file any future Registration Statements on Form S-3 so long as so eligible.
Sample 1
S-3 Eligible. Parent is eligible to register for issuance to Seller and/or resale by any Seller Person all Closing Share Consideration, the Holdback Shares and all shares of Parent Stock required to be issued as Earnout Consideration.
Sample 1
S-3 Eligible. The Company is in compliance with all registrant ------------ requirements necessary to use S-3 for the registration of the Common Shares for resale by the Investors under the Securities Act.
Sample 1
S-3 Eligible. The Company and the transactions contemplated by Section 8 of this Agreement shall meet the requirements for using Form S-3, or, to the extent Form S-3 is not available to the Company, Form S-1, under the Securities Act for resale within the time period specified in Section 8.1(a).
Sample 1
S-3 Eligible. Buyer is eligible to file the registration statement described in SECTION 4.11 above on Form S-3 and in the event Buyer is no longer S-3 eligible at the time of filing, Buyer shall file the registration statement on Form S-1 (or other applicable form which Buyer shall be eligible to file) pursuant to the applicable federal and state securities laws.
Sample 1

Related to S-3 Eligible

  • S-3 Eligibility (i) At the time of filing the Registration Statement and (ii) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act or form of prospectus), the Company met the then applicable requirements for use of Form S-3 under the Securities Act, including compliance with General Instruction I.B.1 of Form S-3.

  • Form S-3 Eligibility The Company is eligible to register the resale of the Securities for resale by the Purchaser on Form S-3 promulgated under the Securities Act.

  • DWAC ELIGIBLE The Common Stock must be DWAC Eligible and not subject to a “DTC chill.”

  • Form SB-2 Eligibility The Company currently meets the “registrant eligibility” and transaction requirements set forth in the general instructions to Form SB-2 applicable to “resale” registrations on Form SB-2 and the Company shall file all reports required to be filed by the Company with the Commission in a timely manner.

  • Bonus Eligibility The Executive shall be eligible to receive an annual bonus payment in addition to Base Salary and other compensation for each year of the Executive’s employment (the “Bonus”) as determined by the Board from time to time.

  • Registration Eligibility The Company is eligible to register the Registrable Securities for resale by the Buyers using Form S-3 promulgated under the 1933 Act.

  • Distribution Eligibility Shares issued in a Fund after receipt of a completed purchase order shall be eligible to receive distributions of the Fund at the time specified in the prospectus pursuant to which the Shares are offered.

  • Rule 144A Eligibility On the Closing Date, the Securities will not be of the same class as securities listed on a national securities exchange registered under Section 6 of the Exchange Act or quoted in an automated inter-dealer quotation system; and each of the Preliminary Offering Memorandum and the Offering Memorandum, as of its respective date, contains or will contain all the information that, if requested by a prospective purchaser of the Securities, would be required to be provided to such prospective purchaser pursuant to Rule 144A(d)(4) under the Securities Act.

  • Nasdaq Eligibility As of the Effective Date, the Public Securities have been approved for listing on the Nasdaq Capital Markets (“NASDAQ”), subject to official notice of issuance and evidence of satisfactory distribution. There is and has been no failure on the part of the Company or any of the Company's directors or officers, in their capacities as such, to comply with (as and when applicable), and immediately following the effectiveness of the Registration Statement the Company will be in compliance with, the NASDAQ Marketplace Rules, as amended.

  • Trustee; Eligibility (a) There shall at all times be a Trustee which shall:

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