Existing Shelf definition
Examples of Existing Shelf in a sentence
The SEC has declared the Existing Shelf Registration Statement (as defined in Clause 21.43 (Registration Rights and Indemnity Agreement)) as amended, effective.
The SEC has issued no order preventing or suspending the use of the Existing Shelf Registration Statement or any amendment thereto.
The Company agrees to use its best efforts to keep the Existing Shelf Registration Statement continuously effective until its expiration on May 6, 2012, or such shorter period which will terminate when all of the Registrable Securities covered by the Selling Stockholder Resale Prospectus have been sold.
No additional senior promissory notes were issued under the Existing Shelf Facility prior to the Restatement Effective Date.
The Company further agrees, if necessary, to supplement or amend the Existing Shelf Registration Statement if required by the rules, regulations or instructions applicable to the registration form used by the Company for such Registration Statement or by the Securities Act or by any other rules and regulations thereunder for shelf registration.
The Issuer shall use its reasonable best efforts to cause the Issuer's Shelf Registration Statement which was filed by the Issuer prior to the date hereof (the "Existing Shelf Registration Statement") to be amended to contain a provision for the inclusion in such Shelf Registration Statement of shares for sale for the account of stockholders of the Issuer.
The Company has on file effective registration statements on Form S-3 (File No. 333-136866 and File No. 333-165387) registering the resale of the Existing Shelf Registrable Securities (the “Existing Holders Registration Statements”).
For the purpose of this Section 7.5 only, the term "Resale Registration Statement" shall include any final prospectus, exhibit, supplement or amendment included in or relating to any Resale Registration Statement referred to in Section 7.1 and shall also include the respective Existing Shelf Registration Statement used by the Merr▇▇▇ ▇▇▇c▇ ▇▇▇ties to effect any public sale or other disposition of any Shares.
The Existing Shelf Registration Statement (as defined in Section 4(a) hereof) has been declared effective by the SEC, and no stop order has been issued or is pending or, to the knowledge of the Company, threatened by the SEC with respect thereto.
If, pursuant to the terms of the Swap Agreement, either of the Merr▇▇▇ ▇▇▇c▇ ▇▇▇ties desires to sell any Shares prior to the 19 effectiveness of the Initial Resale Registration Statement, the Company acknowledges that the Merr▇▇▇ ▇▇▇c▇ ▇▇▇ties may elect to use for effecting such resales the Company's existing registration statement on Form S-3 (File No. 333-38071) (the "Existing Shelf Registration Statement").