Resale Shelf Effective Date definition

Resale Shelf Effective Date shall have the meaning set forth in Section 2.1(a) of this Agreement.
View Source
Resale Shelf Effective Date means the earliest of the date that (a) the initial Resale Registration Statement has been declared effective by the Commission, (b) all of the Warrant Shares have been sold pursuant to Rule 144 or may be sold pursuant to Rule 144 without the requirement for the Company to be in compliance with the current public information required under Rule 144 and without volume or manner-of-sale restrictions or (c) following the one year anniversary of the Closing Date provided that a holder of Warrant Shares is not an Affiliate of the Company, all of the Warrant Shares may be sold pursuant to an exemption from registration under Section 4(a)(1) of the Securities Act without volume or manner-of-sale restrictions.
View Source
Resale Shelf Effective Date has the meaning set forth in Section 2.01(a).
View Source

Examples of Resale Shelf Effective Date in a sentence

  • The Company shall cause its counsel to issue a legal opinion to the Transfer Agent promptly after the Resale Shelf Effective Date if required by the Transfer Agent to effect the removal of the legend hereunder, subject to receipt by its counsel of any certifications such counsel deems reasonably necessary to form the basis of such opinion.

  • The Company agrees to use its commercially reasonable efforts to provide notice to the Holders, including the form of Notice and Questionnaire attached hereto as Exhibit A, on or prior to the date five (5) Business Days prior to the Resale Shelf Effective Date.

  • Subject to Sections 2.01(d) and 2.03 hereof, the Company shall use commercially reasonable efforts to keep any Resale Shelf Registration Statement continuously effective under the Securities Act for the period (the “Shelf Effectiveness Period”) beginning on the Resale Shelf Effective Date and ending on the date that all of the Registrable Securities registered under a Resale Shelf Registration Statement cease to be Registrable Securities.

  • The Company shall use its commercially reasonable efforts to cause such Resale Shelf Registration Statement to be declared effective by the Commission within 120 days following the date of filing thereof (the "Resale Shelf Effective Date").