Common use of Unavailability of Form S-3 Clause in Contracts

Unavailability of Form S-3. Notwithstanding anything to the contrary expressed or implied in this Agreement, if Form S-3 or any substitute form is not then available for the registration of such Registrable Shares that would otherwise have been proposed to be sold and distributed by such Investor or Investors pursuant to this Section 2A, the Company shall be obligated to prepare and file a registration statement on Form S-1 at the written request or requests from any Investor or Investors given in accordance with Section 2A(a) and the provisions of this Section 2A (other than Section 2A(d)(2)) shall govern and apply to such request or requests and such registration on Form S-1.

Unavailability of Form S-3. Notwithstanding anything to the contrary expressed or implied in this Agreement, if Form S-3 or any substitute form is not then available for the registration of such Registrable Shares that would otherwise have been proposed to be sold and distributed by such Investor or Investors pursuant to this Section 2A2, the Company shall be obligated to prepare and file a registration statement on Form S-1 at the written request or requests from any Investor or Investors given in accordance with Section 2A(a2(a) and the provisions of this Section 2A (other than Section 2A(d)(2)) 2 shall govern and apply to such request or requests and such registration on Form S-1.