Resale Eligibility Date definition

Resale Eligibility Date means the earlier of (i) the date the initial Registration Statement (as defined in the RRA) filed pursuant to the RRA is declared effective by the SEC (and each prospectus contained therein is available for use on such date), and (ii) the Rule 144 Eligibility Date.

Resale Eligibility Date means earlier of (i) the date a registration statement filed by the Company under the 1933 Act, covering the resale of the Warrant Shares by the Holder, is declared effective by the SEC (and each prospectus contained therein is available for use on such date), and (ii) the initial date any of the Warrant Shares are eligible to be resold pursuant to Rule 144.

Resale Eligibility Date means the earlier to occur of (i) the date the SEC declares effective a registration statement registering the resale of shares of Common Stock issuable upon exercise of this Warrant, and (ii) the initial date any of the shares of Common Stock issuable upon exercise of this Warrant are eligible to be resold pursuant to Rule 144 (as defined in the Securities Purchase Agreement).

Examples of Resale Eligibility Date in a sentence

• Notwithstanding anything to the contrary contained in this Debenture or the RRA, after the Resale Eligibility Date, the Company shall cause the Transfer Agent to deliver unlegended Common Shares to the Holder (or its designee) in connection with any sale of Conversion Shares, and for which the Holder has not yet settled.

• Notwithstanding anything to the contrary contained in this Note or the Registration Rights Agreement, after the Resale Eligibility Date, the Company shall cause the Transfer Agent to deliver unlegended shares of Common Stock to the Holder (or its designee) in connection with any sale of Conversion Shares, and for which the Holder has not yet settled.

• Notwithstanding anything to the contrary contained in this Warrant, after the Resale Eligibility Date, the Company shall cause the Transfer Agent to deliver unlegended shares of Common Stock to the Holder (or its designee) in connection with any sale of Warrant Shares for which the Holder has not yet settled.

• Notwithstanding anything to the contrary contained in this Note, after the Resale Eligibility Date, the Company shall cause the Transfer Agent to deliver unlegended shares of Common Stock to the Holder (or its designee) in connection with any sale of Conversion Shares, and for which the Holder has not yet settled.

• At any time after the Resale Eligibility Date, each Series H Preferred Share shall be convertible into validly issued, fully paid and non-assessable shares of Common Stock (as defined below), on the terms and conditions set forth in this Section 4.

More Definitions of Resale Eligibility Date

Resale Eligibility Date means the earlier to occur of (i) the Effective Date (as defined in the Registration Rights Agreement) of a Registration Statement registering any of the Registrable Securities (as defined in the Registration Rights Agreement) and (ii) the initial date any of the Registrable Securities are eligible to be resold pursuant to Rule 144.

Resale Eligibility Date means the initial date any of the Underlying Securities are eligible to be resold pursuant to Rule 144.

Resale Eligibility Date means earlier of (i) the date the initial Registration Statement (as defined in the Registration Rights Agreement) filed pursuant to the Registration Rights Agreement is declared effective by the SEC (and each prospectus contained therein is available for use on such date), and (ii) the initial date any of the Conversion Shares are eligible to be resold pursuant to Rule 144. (gg)

Resale Eligibility Date means earlier of (i) the date the initial Registration Statement (as defined in the Registration Rights Agreement) filed pursuant to the Registration Rights Agreement is declared effective by the SEC (and each prospectus contained therein is available for use on such date), and (ii) the initial date any of the Conversion Shares are eligible to be resold pursuant to Rule 144.

Resale Eligibility Date means the earlier of (x) the first date on which the resale by the Purchasing Buyers (as defined in the Securities Purchase Agreement) of all the Registrable Securities required to be filed on the initial Registration Statement (as defined in the Registration Rights Agreement) pursuant to the Registration Rights Agreement (subject to any required reduction in accordance therewith) is declared effective by the SEC (and each prospectus contained therein is available for use on such date) or (y) the first date on which all of the Registrable Securities are eligible to be resold by the Purchasing Buyers pursuant to Rule 144 (or, if a Current Public Information Failure (as defined in the Registration Rights Agreement) has occurred and is continuing, such later date after which the Company has cured such Current Public Information Failure) (or such earlier date as the Company and the Required Holders shall mutually agree in writing).

Resale Eligibility Date means the earlier to occur of (i) the effective date of a Registration Statement registering any of the Registrable Securities and (ii) the initial date any of the Registrable Securities are eligible to be resold pursuant to Rule 144 without restriction under Rule 144 (including, without limitation, volume restrictions) and without the need for current public information required by Rule 144(c)(1) (or Rule 144(i)(2), if applicable).

Resale Eligibility Date means earlier of (i) the date an initial registration statement covering the resale by the Holder of Warrant Shares is declared effective by the SEC (and each prospectus contained therein is available for use on such date), and (ii) the initial date any of the Warrant Shares are eligible to be resold pursuant to Rule 144 (assuming a cashless exercise of this Warrant).