Updating the Prospectus. (i) If the Company informs the selling Investor that the Registration Statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, the Company shall use its reasonable best efforts to provide to the selling Investor a current prospectus that complies with the Securities Act as soon as practicable, but in no event later than three (3) business days after delivery of such notice.
Updating the Prospectus. If the distribution of the Registrable ----------------------- Securities covered by a registration pursuant to this Article VI is not to be effected by means of a firm commitment underwriting, and if the Company informs the selling Holders that the registration statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, the Company shall use commercially reasonable efforts to provide to the selling Holders a current prospectus that complies with the Securities Act on or before the date of the intended sale of the Registrable Securities; provided, however, that no more than once during any one hundred eighty-day -------- ------- period (the "Information Delay Period"), the Company shall have the right to delay the preparation of a current prospectus that complies with the Securities Act for up to forty-five (45) days, if the Board of Directors of the Company, acting in good faith, determines that there exists material nonpublic information about the Company which the Board does not wish to disclose in a registration statement (due to the fact that such disclosure may not be in the best interests of the Company's stockholders), which information would otherwise be required by the Securities Act to be disclosed in the registration statement to be filed pursuant to Section 6.2 above;
Updating the Prospectus. If the Company informs the selling Holder that the Registration Statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, the Company shall use commercially reasonable efforts to provide to the selling Holder a current prospectus that complies with the Securities Act as soon as practicable, but in no event later than three business days after delivery of such notice. The Company's obligation to update the Registration Statement or final prospectus under this Section 9(a)(i) shall not be subject to the limitations of Section 9(a)(ii) or (b) below. If the Company requires more than three business days to update the prospectus under Section 9(a)(i) above, the Company shall have the right to delay the preparation of a current prospectus that complies with the Securities Act without explanation to such Holder, subject to the limitations set forth in Section 9(b) below, for a period of not more than 45 days (or two periods which total not more than 90 days in the aggregate) during any 12-month period.
Updating the Prospectus. (A) If the Company informs the Selling Purchaser that the Registration Statement or final prospectus then on file with the Commission is not current or otherwise does not comply with the 1933 Act, the Company shall use commercially reasonable efforts to provide to the Selling Purchaser a current prospectus that complies with the 1933 Act as soon as practicable, but in no event later than ten (10) business days after delivery of such notice.
Updating the Prospectus. (i) If the Company informs the selling Investor that the Registration Statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, the Company shall use its best efforts to provide to the selling Investor a current prospectus that complies with the Securities Act as soon as practicable, but in no event later than three (3) business days after delivery of such notice. The Company's obligation to update the Registration Statement or final prospectus under this Section 9(a)(i) shall not be subject to the limitations of Section 9(a)(ii) or (c) below.
Updating the Prospectus. Each selling Holder shall promptly advise the Company in writing if changes in the Registration Statement or the prospectus are required in order that disclosures made in the Registration Statement or prospectus based upon written information previously provided or approved by the selling Holder for use in the Registration Statement and prospectus, will not, in the case of the Registration Statement, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading, and will not, in the case of the prospectus, contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Updating the Prospectus. If AXT xxxorms the selling Holder that the registration statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, AXT xxxll use commercially reasonable efforts to promptly provide to the selling Holder a current prospectus that complies with the Securities Act on or before the date of the intended sale of the Registrable Securities as disclosed in the Stockholder Notice; provided, however, that AXT xxxll have the right to delay the preparation of a current prospectus that complies with the Securities Act for up to sixty (60) days without explanation to the Holder, in which case the time of such suspension shall be added to the minimum of 180 days of effectiveness of the registration statement set forth in SECTIONS 2(a) and 4(a).
Updating the Prospectus. If, at the time the Registration ----------------------- Statement becomes effective, any information shall have been omitted therefrom in reliance upon Rule 430A, then the Company will prepare, and file or transmit for filing with the Commission in accordance with Rule 430A and Rule 424(b), copies of an amended Prospectus or, if required by Rule 430A, a post-effective amendment to the Registration Statement (including an amended Prospectus) containing all information so omitted.
Updating the Prospectus. If Parent informs the selling Holder that the registration statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, Parent shall use commercially reasonable efforts to promptly provide to the selling Holder a current prospectus that complies with the Securities Act on or before the date of the intended sale of the Registrable Securities as disclosed in the Stockholder Notice; provided, however, that Parent shall have the right to delay the preparation of a current prospectus that complies with the Securities Act on three (3) separate occasions for up to thirty (30) days on each occasion without explanation to such Holder;
Updating the Prospectus. If Parent informs the selling Holder that the ----------------------- registration statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, Parent shall use commercially reasonable efforts to provide to the selling Holder a current prospectus that complies with the Securities Act on or prior to the date on which the Suspension Period (as hereinafter defined) ends.
