S-3 Status. The Company meets the requirements for the use of Form S-3 for the registration of the resale of the Shares by the Investors and will use its best efforts to maintain S-3 status with the SEC during the Registration Period (as defined in Section 7.1(c)).
S-3 Status. The Company currently meets the "registrant eligibility" requirements set forth in the general instructions to Form S-3 to enable the registration of the resale of the Registrable Securities and, to the Company's knowledge, there exist no facts or circumstances that could reasonably be expected to prohibit or delay the filing or effectiveness of a registration statement on Form S-3 covering the resale of the Registrable Securities; provided, however, that the Company does not currently meet the requirements for a primary offering.
S-3 Status. The Company currently meets the “registrant eligibility” requirements set forth in the general instructions to Form S-3 to enable the registration of the resale of the Registrable Securities; provided, however, the Company does not currently meet the requirements for a primary offering.
S-3 Status. Except for the requirement set forth in General Instruction I.A.3.(a) of Form S-3 requiring that a registrant be subject to the requirements of Section 12 of 15(d) of the Securities and Exchange Act of 1934 for a period of at least 12 calendar months immediately preceding the filing of the registration statement, the Company would meet the requirements for the use of Form S-3 for the registration of the resale of the Shares by Caliper. The Company will use its best efforts to meet the requirements for the use of Form S-3 for the registration of the resale of the Shares by Caliper. Once the Company has become eligible to use Form S-3, it will use its best efforts to maintain S-3 status with the SEC during the Registration Period (as defined in Section 6.1(c)).
S-3 Status. Except for the requirement set forth in General Instruction I.A.3.(a) of Form S-3 requiring that a registrant be subject to the requirements of Section 12 of 15(d) of the Securities and Exchange Act of 1934 for a period of at least 12 calendar months immediately preceding the filing of the registration statement, the Company would meet the requirements for the use of Form S-3 for the registration of the resale of the Shares by Caliper. The Company will use its best efforts to meet the requirements for the use of Form S-3 for the registration of the resale of the
S-3 Status. Holdings meets the requirements for the use of Form S-3 for the registration of the resale of the Shares by the Debt Holders and will use its reasonable best efforts to maintain S-3 status with the SEC during the Registration Period (as defined in Section 6.1(d)). To the knowledge of the Company, there exist no facts or circumstances that could reasonably be expected to prohibit or delay the preparation or initial filing of the Registration Statement as set forth herein.
S-3 Status status with the SEC during the Registration Period (as defined in Section 7.1(d)). To the knowledge of the Company, there exist no facts or circumstances that could reasonably be expected to prohibit or delay the preparation or initial filing of the Registration Statement substantially concurrently with the filing by the Company of its Form 10-K for the year ended December 31, 2003.
