Securities Act Effective Date definition

Securities Act Effective Date means the date and time as of which the Rights Offering Registration Statement, or the most recent post-effective amendment thereto, was declared effective by the Commission.

Securities Act Effective Date means the date and time as of which the Registration Statement, or the most recent post-effective amendment thereto, was declared effective by the Commission; and (vii) the term “Proxy Statement” means the proxy statement, and all amendments or supplements thereto, if any, soliciting the approval of, among other proposals, the Company’s stockholders of the Transaction Proposals.

Securities Act Effective Date means the date and time as of which the Rights Offering Registration Statement, or the most recent post-effective amendment thereto, was declared effective by the Commission; and (vii) the term “Proxy Statement” means the proxy statement, and all amendments or supplements thereto, if any, soliciting the approval of the Company’s stockholders of the issuance and sale of the Offered Shares pursuant to the Rights Offering, the issuance and sale of the Unsubscribed Shares to the Investors pursuant to the terms hereof, and the issuance of the Exchange Shares (including the Investor Exchange Shares) to holders of outstanding Notes pursuant to the Debt Exchange in accordance with the rules of The Nasdaq Stock Market, including a recommendation of the Board that the stockholders vote to approve the issuance and sale of the Unsubscribed Shares to the Investors pursuant to the terms hereof and the issuance of the Investor Exchange Shares to the Investors pursuant to the terms hereof, if any.

Examples of Securities Act Effective Date in a sentence

• Each Additional Investor Agreement shall contain each Ultimate Purchaser's agreement to be bound by this Agreement and a confirmation by each Ultimate Purchaser of the accuracy with respect to it of the representations set forth in Section 4 and a copy of such confirmation shall be provided to the Company prior to the Securities Act Effective Date.

• The Company shall use its reasonable efforts to (A) list and maintain the listing of the Common Stock, including the Offered Shares, on the New York Stock Exchange (the “NYSE”) and (B) list and maintain the listing of the Rights on the NYSE commencing on the first Business Day after the Securities Act Effective Date of the and, in the case of this clause (B), until 4:00 p.m., New York City time on the last trading day immediately preceding the Expiration Date.

• NFI will generally make available to NFI's security holders as soon as practicable an earnings statement of NFI covering a twelve-month period beginning after the Securities Act Effective Date in a manner which satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 thereunder.

• The Company acknowledges that the Investors and certain persons and entities (collectively, the "Ultimate Purchasers") have entered into an agreement and may, prior to the Securities Act Effective Date, enter into one or more new agreements or amend existing agreements (collectively, the "Additional Investor Agreement"), pursuant to which the Investors have arranged for a number of Ultimate Purchasers to purchase certain of the Unsubscribed Shares and the Direct Subscription Shares.

• Section 1 (c)(ii) Securities Act Effective Date............................

• The Company acknowledges that the Investors and certain persons and entities (collectively, the "ULTIMATE PURCHASERS") have entered into an agreement and may, prior to the Securities Act Effective Date, enter into one or more new agreements or amend existing agreements (collectively, the "ADDITIONAL INVESTOR AGREEMENT"), pursuant to which the Investors have arranged for a number of Ultimate Purchasers to purchase certain of the Unsubscribed Shares and the Direct Subscription Shares.

• The Company acknowledges that the Investors and certain persons and entities (collectively, the “ Ultimate Purchasers”) have entered into an agreement and may, prior to the Securities Act Effective Date, enter into one or more new agreements or amend existing agreements (collectively, the “Additional Investor Agreement”), pursuant to which the Investors have arranged for a number of Ultimate Purchasers to purchase certain of the Unsubscribed Shares and the Direct Subscription Shares.

• Section 1 (c)(ii) Securities Act Effective Date.....................

• Each Additional Investor Agreement shall contain each Ultimate Purchaser’s agreement to be bound by this Agreement and a confirmation by each Ultimate Purchaser of the accuracy with respect to it of the representations set forth in Section 4 and a copy of such confirmation shall be provided to the Company prior to the Securities Act Effective Date.

More Definitions of Securities Act Effective Date

Securities Act Effective Date means the date and time as of which the Rights Offering Registration Statement, or the most recent post-effective amendment thereto, was declared effective by the Commission. The Rights Offering Registration Statement and the Investment Decision Package, and all of the documents incorporated by reference therein, at the time they become effective and at the Closing Date and Rights Offering Closing Date, as applicable, (i) will not include any 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 and (ii) will comply in all material respects with the applicable provisions of the Securities Act and the Exchange Act.