Examples of S-3 Eligibility Date in a sentence
The Company shall file with the Commission a Shelf Registration Statement meeting the requirements of the Securities Act as soon as reasonably practicable following the S-3 Eligibility Date, and will use its best efforts to cause the Shelf Registration Statement to be declared effective by the Commission as soon as reasonably practicable thereafter and in any event not later than 180 days after the S-3 Eligibility Date.
The Company shall cause to be filed within the first thirty business days following the S-3 Eligibility Date, or as soon as practicable thereafter, the Shelf Registration Statement providing for the sale by the Holders of all of the Registrable Securities in accordance with the terms hereof and will use its reasonable efforts to cause such Shelf Registration Statement to be declared effective by the SEC as soon thereafter as is practicable.
If the Shelf Registration Statement is not effective by the 180th day after the S-3 Eligibility Date, then the Company will pay to each Holder as liquidated damages and not a penalty, an amount in cash equal to 0.50% of the purchase price paid for the Shares by each such Holder (pursuant to the Purchase Agreement) for each 30-day period or part thereof that such Shelf Registration Statement is not so effective.
The Company shall notify the Investor at least ninety (90) days prior to the anticipated S-3 Eligibility Date.
For purposes of this Agreement, the “Form S-3 Eligibility Date” shall be the date that the Company shall, upon advice of counsel to the Company, become eligible to use Form S-3 for the registration of the resale by the Investor of the Registrable Securities; provided, however, that the Form S-3 Eligibility Date shall in all cases be subject to any determinations by the Commission with respect thereto.
The Company shall file with the Commission a Shelf Registration Statement meeting the requirements of the Securities Act within 30 days following the S-3 Eligibility Date, and will use its best efforts to cause the Shelf Registration Statement to be declared effective by the Commission as soon as reasonably practicable thereafter and in any event not later than 180 days after the S-3 Eligibility Date.