Common use of Shelf Renewal Clause in Contracts

Shelf Renewal. If immediately prior to the third anniversary (the “Renewal Deadline”) of the initial effective date of the Registration Statement, you notify the Company that any of the Shares remain unsold by the Underwriters, the Company will file, if it has not already done so and is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form satisfactory to the Representatives. If at the renewal deadline the Company is no longer eligible to file an automatic shelf registration statement and you notify the Company that any of the Securities remain unsold by the Underwriters, the Company will, if it has not already done so, file a new shelf registration statement relating to the Shares, in a form satisfactory to the Representatives, and will use its commercially reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Deadline. The Company will take all other action necessary or appropriate to permit the issuance and sale of the Shares to continue as contemplated in the expired registration statement relating to the Shares. References herein to the Registration Statement shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Wellcare Health Plans, Inc.)

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Shelf Renewal. If immediately prior to the third anniversary (the “Renewal Deadline”) of the initial effective date of the Registration Statement, you notify the Company that any of the Shares remain unsold by the UnderwritersUnderwriter, the Company will will, prior to the Renewal Deadline, file, if it has not already done so and is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form reasonably satisfactory to the RepresentativesUnderwriter. If at the renewal deadline the Company is no longer not eligible to file an automatic shelf registration statement and you notify the Company that any of the Securities remain unsold by the Underwritersstatement, the Company will, prior to the Renewal Deadline, if it has not already done so, file a new shelf registration statement relating to the Shares, in a form reasonably satisfactory to the RepresentativesUnderwriter, and will use its commercially reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Deadline. The Company will use reasonable best efforts to take all other action reasonably necessary or appropriate to permit the issuance and sale of the Shares to continue as contemplated in the expired registration statement relating to the Shares. References herein to the Registration Statement shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Marcus Corp)

Shelf Renewal. If immediately prior to the third anniversary (the “Renewal Deadline”) of the initial effective date of the Registration Statement, you notify the Company that any of the Shares Securities remain unsold by the Underwriters, the Company will will, prior to the Renewal Deadline, file, if it has not already done so and is eligible to do so, a new automatic shelf registration statement relating to the SharesSecurities, in a form satisfactory to the RepresentativesRepresentative. If at the renewal deadline the Company is no longer not eligible to file an automatic shelf registration statement and you notify the Company that any of the Securities remain unsold by the Underwritersstatement, the Company will, prior to the Renewal Deadline, if it has not already done so, file a new shelf registration statement relating to the SharesSecurities, in a form satisfactory to the RepresentativesRepresentative, and will use its commercially reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Deadline. The Company will take all other action necessary or appropriate to permit permit, after the effectiveness of such new automatic shelf registration statement or such new shelf registration statement, as the case may be, the issuance and sale of the Shares Securities to continue as contemplated in the expired registration statement relating to the SharesSecurities. References herein to the Registration Statement shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Underwriting Agreement (Altair Engineering Inc.)

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Shelf Renewal. If immediately prior to the third anniversary (the “Renewal Deadline”) of the initial effective date of the Registration Statement, you notify the Company that any of the Shares Underwritten Securities remain unsold by the Underwriters, the Company will will, prior to the Renewal Deadline, file, if it has not already done so and is eligible to do so, a new automatic shelf registration statement relating to the SharesUnderwritten Securities, in a form satisfactory to the RepresentativesRepresentative. If at the renewal deadline the Company is no longer not eligible to file an automatic shelf registration statement and you notify the Company that any of the Securities remain unsold by the Underwritersstatement, the Company will, prior to the Renewal Deadline, if it has not already done so, file a new shelf registration statement relating to the SharesUnderwritten Securities, in a form satisfactory to the RepresentativesRepresentative, and will use its commercially reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Deadline. The Company will take all other action necessary or appropriate to permit the issuance and sale of the Shares Underwritten Securities to continue as contemplated in the expired registration statement relating to the SharesUnderwritten Securities. References herein to the Registration Statement shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Appears in 1 contract

Samples: Underwriting and Placement Agency Agreement (ObsEva SA)

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