Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder or (ii) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Date.
Appears in 5 contracts
Samples: Registration Rights Agreement (Jagen Pty LTD), Registration Rights Agreement (Enova Systems Inc), Registration Rights Agreement (Enova Systems Inc)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or resold, (iib) such time as all of the Registrable Shares held by such Holder may be sold during any 3 resold in a three-month period pursuant to Rule 144, including Rule 144 (k) or (iiic) upon the second third anniversary date of the Effective Closing Date.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Aradigm Corp), Securities Purchase Agreement (Aradigm Corp), Securities Purchase Agreement (Aradigm Corp)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 2.1 through 5 2.4 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder or (ii) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second third anniversary date of the Effective DateDate of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Hull James Mitchell), Valuestar Corporation Registration Rights Agreement (Valuestar Corp), Registration Rights Agreement (Hull James Mitchell)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 3 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares Securities have been resold by such Holder resold, or (iib) such time as all of the Registrable Shares held by such Holder Securities may be sold during any 3 month period resold pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Date144(k).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Broadvision Inc), Registration Rights Agreement (Broadvision Inc), Registration Rights Agreement (Broadvision Inc)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or resold, (iib) such time as all of the Registrable Shares held by such Holder that have not previously been resold may be sold during any 3 resold in a three-month period pursuant to Rule 144144(k) and Purchaser receives an opinion of counsel to the Company to that effect, including Rule 144 (k) or (iiic) upon the second third anniversary date of the Effective Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Illumina Inc), Securities Purchase Agreement (Solexa, Inc.)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 1.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or resold, (iib) such time as all of the Registrable Shares held by such Holder may be sold during any 3 resold in a three-month period pursuant to Rule 144, including Rule 144 (k) or (iiic) upon the second anniversary date of the Effective Closing Date.
Appears in 2 contracts
Samples: Escrow Agreement (Graphon Corp/De), Holder Agreement (Graphon Corp/De)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder or resold, (ii) such time as all of the Registrable Shares held by such Holder may be sold during any 3 resold in a three-month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second third anniversary date of the Effective Closing Date.
Appears in 1 contract
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 1.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or resold, (iib) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month period freely resold by the Purchaser pursuant to Rule 144 under the Securities Act (“Rule 144”), including Rule 144 (k) or (iiic) upon the second anniversary date of the Effective Datedate hereof.
Appears in 1 contract
Samples: Registration Rights Agreement (Metabasis Therapeutics Inc)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 9.2 through 5 9.5 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder resold, or (ii) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month 90 day period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Onyx Pharmaceuticals Inc)
Termination of Obligations. The obligations of the Company -------------------------- pursuant to Sections 2 through 5 7.2 and 7.4 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder re- sold, or (ii) such time as all of the Registrable Shares held by such Holder may be re-sold during any 3 month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Date144(k).
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Asyst Technologies Inc /Ca/)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 2.1 through 5 2.6 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder or (ii) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Datedate of effectiveness of the Registration Statement.
Appears in 1 contract
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.1 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or resold, (iib) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month period resold without restriction pursuant to Rule 144, including Rule 144 (k) or (iiic) upon the second third anniversary date of the Effective Closing Date, but not so long as any Purchaser is deemed an Affiliate of the Company.
Appears in 1 contract
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 7.2 and 7.3 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or resold, (iib) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month resold in a 90-day period pursuant to Rule 144, including Rule 144 (k) or (iiic) upon the second anniversary date of the Effective Datedate the Registration Statement or Demand Registration Statement, as applicable, went effective.
Appears in 1 contract
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 2.1 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares Securities have been resold by such Holder resold, or (iib) such time as all of the Registrable Shares held by such Holder Securities may be sold during any 3 resold in a three-month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Date.
Appears in 1 contract
Samples: Supplemental Registration Rights Agreement (Mills Corp)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or resold, (iib) such time as all of the Registrable Shares held by such Holder may be sold during any 3 resold in a three-month period pursuant to Rule 144144(k), including Rule 144 (k) or (iiic) upon the second fifth anniversary date of later of the Effective First Closing Date or Second Closing Date.
Appears in 1 contract
Termination of Obligations. The obligations of the Company pursuant to Sections 2 9.2 through 5 9.7 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder or (ii) as to each Purchaser, such time as all of the Registrable Shares held by such Holder Purchaser may be sold during any 3 month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Date).
Appears in 1 contract
Samples: Stock Purchase Agreement (Onyx Pharmaceuticals Inc)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 5.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder resold, or (ii) such time as all of the Registrable Shares held by such Holder may be sold during any 3 resold in a three-month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Closing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sorrento Networks Corp)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder re-sold, or (ii) such time as all of the Registrable Shares held by such Holder may be re-sold during any 3 month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Date144(k).
Appears in 1 contract
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or resold, (iib) such time as all of the Registrable Shares held by such Holder may be sold during any 3 resold in a three-month period pursuant to Rule 144, including Rule 144 (k) or (iiic) upon the second anniversary date of the Effective Closing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Metabasis Therapeutics Inc)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or resold, (iib) such time as all of the Registrable Shares held by such Holder may be sold during any 3 resold in a three-month period pursuant to Rule 144144(k), including Rule 144 (k) or (iiic) upon the second fifth anniversary date of the Effective Second Closing Date or, if the Second Closing does not occur, the First Closing Date.
Appears in 1 contract
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder resold, or (ii) such time as all of the Registrable Shares held by such Holder may be sold during any 3 resold in a three-month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Closing Date.
Appears in 1 contract
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares which have been registered have been resold by such Holder or (ii) such time as all of the Registrable Shares held by such Holder may that are registrable pursuant to Section 7.2(a) hereof could have been be sold during resold in any 3 three-month period pursuant to Rule 144, including Rule 144 under the Securities Act or its successors. All obligations of the Company in Section 7 (kexcept for the obligation in Section 7.4) or (iii) shall cease and terminate upon the second anniversary date of the Effective Date.earliest to occur of
Appears in 1 contract
Samples: Stock Purchase Agreement (Cellnet Data Systems Inc)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 2.1 through 5 2.5 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder or (ii) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective Datedate of effectiveness of the Registration Statement.
Appears in 1 contract
Samples: Registration Rights Agreement (Instant Video Technologies Inc)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or resold, (iib) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month period resold without volume restrictions pursuant to Rule 144144(k) under the Securities Act, including Rule 144 (k) or (iiic) upon the second third anniversary date of the Effective Closing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Allos Therapeutics Inc)
Termination of Obligations. The obligations of the Company pursuant to Sections 2 through 5 Section 7.2 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (ia) such time as all of the Registrable Shares have been resold by such Holder or and (iib) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month period pursuant to Rule 144, including Rule 144 (k) or (iii) upon the second anniversary date of the Effective DateClosing.
Appears in 1 contract
Termination of Obligations. The obligations of the Company pursuant to Sections 2 9.2 through 5 9.6 hereof with respect to any Holder shall cease and terminate upon the earlier to occur of (i) such time as all of the Registrable Shares have been resold by such Holder or (ii) such time as all of the Registrable Shares held by such Holder may be sold during any 3 month 90 day period pursuant to Rule 144, including Rule 144 (k) or (iii) upon ), without being restricted by the second anniversary date volume limitations of the Effective DateRule 144(e).
Appears in 1 contract
Samples: Stock Purchase Agreement (Onyx Pharmaceuticals Inc)