Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 29 contracts
Sources: Securities Purchase Agreement (Accent Software International LTD), Securities Purchase Agreement (Palomar Medical Technologies Inc), Registration Rights Agreement (Techniclone International Corp)
Eligibility for Form S-3. The Company represents and warrants that it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 24 contracts
Sources: Registration Rights Agreement (K2 Inc), Registration Rights Agreement (Learn2 Com Inc), Registration Rights Agreement (Vialink Co)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale Registrable Securities for resale by the Initial Investors and any other Investor of the Registrable Securities and the Investors. The Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 9 contracts
Sources: Registration Rights Agreement (Incontrol Inc), Registration Rights Agreement (Unicomp Inc), Registration Rights Agreement (Rocky Mountain Internet Inc)
Eligibility for Form S-3. The Company represents and warrants ------------------------ that it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 7 contracts
Sources: Registration Rights Agreement (Aastrom Biosciences Inc), Registration Rights Agreement (Aastrom Biosciences Inc), Registration Rights Agreement (Aastrom Biosciences Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Purchasers and any other Investor Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 7 contracts
Sources: Registration Rights Agreement (Intellicall Inc), Registration Rights Agreement (Valence Technology Inc), Registration Rights Agreement (Intellicall Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 7 contracts
Sources: Registration Rights Agreement (Palomar Medical Technologies Inc), Registration Rights Agreement (Lidak Pharmaceuticals), Registration Rights Agreement (International Remote Imaging Systems Inc /De/)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale Registrable Securities for resale by the Initial Investors and any other Investor of the Registrable Securities and the Investors. The Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to become eligible for the use of Form S-3 and so as to maintain such eligibility for the use of Form S-3.
Appears in 5 contracts
Sources: Registration Rights Agreement (V One Corp/ De), Registration Rights Agreement (American Bingo & Gaming Corp), Registration Rights Agreement (Tera Computer Co \Wa\)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Purchaser of the Registrable Securities Conversion Shares, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner and take all other necessary action so as to maintain such eligibility for the use of Form S-3.
Appears in 4 contracts
Sources: Series E Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/), Series B Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/), Series D Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 4 contracts
Sources: Registration Rights Agreement (Us Data Authority Inc), Registration Rights Agreement (Lidak Pharmaceuticals), Securities Purchase Agreement (Icc Technologies Inc)
Eligibility for Form S-3. The Company represents and warrants ------------------------ that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for sale by the Investors of the Registrable Securities, the Company shall register the sale on another appropriate form.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Syquest Technology Inc), Securities Purchase Agreement (Syquest Technology Inc), Securities Purchase Agreement (Syquest Technology Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports and statements required to be filed by the Company with the SEC in a timely manner so as to thereafter maintain such eligibility for the use of Form S-3.
Appears in 4 contracts
Sources: Registration Rights Agreement (Sco Group Inc), Registration Rights Agreement (Isecuretrac Corp), Registration Rights Agreement (Isecuretrac Corp)
Eligibility for Form S-3. The Company represents and warrants that, ------------------------ as of the date hereof, it may not meet, and covenants that it meets shall use its best efforts to meet the requirements for the use of Form S-3 for registration of the re-sale by the Initial Investors Purchaser and any other Investor Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility or to become eligible for the use of Form S-3.
Appears in 4 contracts
Sources: Registration Rights Agreement (Saflink Corp), Registration Rights Agreement (Saflink Corp), Registration Rights Agreement (Saflink Corp)
Eligibility for Form S-3. The Company represents and warrants ------------------------ that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. If Form S-3 is not available for sale by the Investors of the Registrable Securities, the Company shall register the sale on another appropriate form.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Syquest Technology Inc), Securities Purchase Agreement (Syquest Technology Inc), Securities Purchase Agreement (Syquest Technology Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of a primary issuance of Common Stock by the Company and for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 3 contracts
Sources: Registration Rights Agreement (Cybercash Inc), Registration Rights Agreement (Cybercash Inc), Registration Rights Agreement (Cybercash Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Holder and any other Investor Holder of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 3 contracts
Sources: Resale Registration Rights Agreement (Kinderhook Partners, Lp), Resale Registration Rights Agreement (Active Power Inc), Registration Rights Agreement (American Superconductor Corp /De/)
Eligibility for Form S-3. The Company represents and warrants that it meets all the requirements for the use of Form S-3 for registration of the sale resale by the Initial Investors Investor and any other Investor of who purchases the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Paradigm Technology Inc /De/), Stock Purchase Agreement (Paradigm Technology Inc /De/), Stock Purchase Agreement (Paradigm Technology Inc /De/)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to thereafter maintain such eligibility for the use of Form S-3.
Appears in 3 contracts
Sources: Registration Rights Agreement (Sangstat Medical Corp), Registration Rights Agreement (Sangstat Medical Corp), Registration Rights Agreement (Cambridge Heart Inc)
Eligibility for Form S-3. The Company represents and warrants that it on the date hereof the Company meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Purchaser of all Shares being purchased by the Registrable Securities Purchaser hereunder and the Company shall file has filed all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such obtain eligibility for the use of Form S-3.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Biomarin Pharmaceutical Inc), Securities Purchase Agreement (La Jolla Pharmaceutical Co), Securities Purchase Agreement (Biomarin Pharmaceutical Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale resale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 3 contracts
Sources: Registration Rights Agreement (Orchid Biosciences Inc), Registration Rights Agreement (Lifepoint Inc), Registration Rights Agreement (Lifepoint Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 3 contracts
Sources: Registration Rights Agreement (Lifepoint Inc), Registration Rights Agreement (Henley Healthcare Inc), Registration Rights Agreement (Henley Healthcare Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 3 contracts
Sources: Registration Rights Agreement (Nuko Information Systems Inc /Ca/), Registration Rights Agreement (Western Pacific Airlines Inc /De/), Warrant Share Registration Rights Agreement (Nuko Information Systems Inc /Ca/)
Eligibility for Form S-3. The Company represents and warrants that it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 3 contracts
Sources: Registration Rights Agreement (Teligent Inc), Registration Rights Agreement (Geron Corporation), Registration Rights Agreement (Geron Corporation)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Immunogen Inc), Registration Rights Agreement (Neorx Corp)
Eligibility for Form S-3. The Company represents and warrants that that, as of the date hereof, it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner manner, and take any and all such other actions as may be reasonably necessary or appropriate so as to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Dynagen Inc), Master Registration Rights Agreement (Dynagen Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Registerable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Cyberguard Corp), Private Securities Subscription Agreement (Cyberguard Corp)
Eligibility for Form S-3. The Company represents and warrants that it meets currently complies with the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities and the Company shall use its best efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3S-3 until the expiration of the Registration Period.
Appears in 2 contracts
Sources: Registration Rights Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), Registration Rights Agreement (Anthracite Capital Inc)
Eligibility for Form S-3. The Company represents and warrants that that, as of the date hereof, it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities by the Investors, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Goldman Sachs Group Lp), Registration Rights Agreement (Biofield Corp \De\)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Securities. The Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such preserve its eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Excelsior Henderson Motorcycle Manufacturing Co), Registration Rights Agreement (Excelsior Henderson Motorcycle Manufacturing Co)
Eligibility for Form S-3. The Company represents and warrants that ------------------------ it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Aastrom Biosciences Inc), Registration Rights Agreement (Aastrom Biosciences Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports and statements required to be filed by the Company with the SEC in a timely manner so as to thereafter maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Remote Dynamics Inc), Registration Rights Agreement (Remote Dynamics Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Holders Transfer Restricted Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to thereafter maintain such eligibility for the use of Form S-3S-3 during the Effectiveness Period.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Mercer International Inc), Registration Rights Agreement (Mercer International Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets will meet the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities on June 30, 1999, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such its eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Think New Ideas Inc), Securities Purchase Agreement (Think New Ideas Inc)
Eligibility for Form S-3. The Company represents and warrants that that, as of the date hereof, it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Waverider Communications Inc), Registration Rights Agreement (Waverider Communications Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Cel Sci Corp), Registration Rights Agreement (Base Ten Systems Inc)
Eligibility for Form S-3. The Company represents and warrants that that, as of the date of this agreement, it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Seller and any other Investor transferee or assignee of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Focus Enhancements Inc), Registration Rights Agreement (Focus Enhancements Inc)
Eligibility for Form S-3. The Company represents and warrants that it currently meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Investors Purchaser and any other Investor of that the Registrable Securities Company shall use its best efforts to continue to meet such requirements, and that such re-sales may currently be effected pursuant to Form S-3; the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3S-3 and shall use its best efforts in all other respects to maintain such eligibility.
Appears in 2 contracts
Sources: Registration Rights Agreement (Softnet Systems Inc), Registration Rights Agreement (Softnet Systems Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall file all reports and statements required to be filed by the Company with the SEC in a timely manner so as to thereafter maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Inkine Pharmaceutical Co Inc), Registration Rights Agreement (Inkine Pharmaceutical Co Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Investors and any other Investor Purchaser of the Registrable Securities Securities. The Company covenants and agrees that throughout the Registration Period (as herein defined), the Company shall continue to be eligible to use Form S-3 for registration of such re-sale and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Aasche Transportation Services Inc), Registration Rights Agreement (Biospherics Inc)
Eligibility for Form S-3. The Company represents and warrants that it currently meets all of the requirements for the use of Form S-3 for the registration of the sale by the Initial Investors Stockholders and any other Investor of transferee who purchases the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC Commission in a timely manner so manner, and shall take such other actions as may be necessary to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Pharmos Corp), Merger Agreement (Pharmos Corp)
Eligibility for Form S-3. The Company represents and warrants that it meets all of the requirements for the use of Form S-3 for registration the Registration of the sale by the Initial Investors Purchaser and any other Investor of transferee who purchases the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC Commission in a timely manner so manner, and shall take such other actions as may be necessary to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Data Systems & Software Inc), Securities Purchase Agreement (Mediax Corp)
Eligibility for Form S-3. The Company represents and warrants that it ------------------------ meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as necessary to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Registration Rights Agreement (Open Market Inc), Registration Rights Agreement (Open Market Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form Forms S-3 for registration of the sale Registrable Securities for resale by the Initial Investors and any other Investor of the Registrable Securities and the Investors. The Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 2 contracts
Sources: Amendment Agreement (Aura Systems Inc), Amendment Agreement (Newcom Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Buyer of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for registration of the Registrable Securities, the Company shall register the securities on another appropriate form.
Appears in 2 contracts
Sources: Registration Rights Agreement (American Biomed Inc), Registration Rights Agreement (American Biomed Inc)
Eligibility for Form S-3. The Company represents represents, warrants and warrants covenants that it meets will meet the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyers and any other Investor of the Registrable Securities on and after the thirtieth (30th) day following that date of issuance of any Series A Preferred Shares and the Company has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.so
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets will use its reasonable efforts to meet the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale resale by the Initial Investors and any other Investor of the Registrable Securities Securities, and the Company shall use all best efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants ------------------------ that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyers and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for sale by the Investors of the Registrable Securities, the Company shall register the sale on another appropriate form.
Appears in 1 contract
Sources: Securities Purchase Agreement (Syquest Technology Inc)
Eligibility for Form S-3. The Company represents and warrants that it ------------------------ meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3S-3 so long as any Investor holds Registrable Securities.
Appears in 1 contract
Sources: Registration Rights Agreement (CMG Information Services Inc)
Eligibility for Form S-3. The Company company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of who purchases the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (First Pacific Networks Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities and the Company shall file all reports and statements required to be filed by the Company with the SEC in a timely manner so as to thereafter maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale resale by the Initial Investors and any other Investor of the Registrable Securities and the Purchaser. The Company shall agrees to file all reports required to be filed by the Company with the SEC in a timely manner so as to remain eligible, and thereafter to maintain such eligibility its eligibility, for the use of Form S-3.;
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities and the Company covenants and agrees that it shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for sale by the Investors of the Registrable Securities, the Company shall register the sale on another appropriate form.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets all the requirements for the use of Form S-3 for registration of the sale of Registrable Securities by the Initial Investors and Investor or any other Investor of who purchases the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.. Obligations of the Company. In connection with the registration of the Registrable Securities, the Company shall do each of the following:
Appears in 1 contract
Sources: Registration Rights Agreement (Carrington Laboratories Inc /Tx/)
Eligibility for Form S-3. The Company represents and warrants that it ------------------------ meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for registration of the Registrable Securities, the Company shall register the securities on another appropriate form.
Appears in 1 contract
Eligibility for Form S-3. The Company represents represents, warrants and warrants covenants that it meets will meet the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Purchaser of the Registrable Securities on June 14, 2000 and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3S-3 following June 14, 2000.
Appears in 1 contract
Sources: Securities Purchase Agreement (Genesisintermedia Com Inc)
Eligibility for Form S-3. The Company represents represents, warrants and warrants covenants that on the date hereof it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.all
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale resale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports and statements required to be filed by the Company with the SEC in a timely manner so as to thereafter maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants ------------------------ that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Knickerbocker L L Co Inc)
Eligibility for Form S-3. The Company represents and warrants that that, to the best of its knowledge, it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities Selling Shareholders and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants ------------------------ that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Securities Purchase Agreement (Knickerbocker L L Co Inc)
Eligibility for Form S-3. The Company represents and warrants that it as of the date hereof, the Company meets the requirements conditions for the use of Form S-3 for the registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility offered for the use account of Form S-3the Investor.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that as of the date hereof it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyers and any other Investor of the Registrable Securities and the Company has filed and shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Worldtalk Communications Corp)
Eligibility for Form S-3. The Company represents and ------------------------ warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. If Form S-3 is not available for sale by the Investors of the Registrable Securities, upon request of the Investors the Company shall register the sale on another appropriate form. The Company shall have a reasonable period of time to complete such registration.
Appears in 1 contract
Sources: Securities Purchase Agreement (Syquest Technology Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the offer and sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Interactive Magic Inc /Nc/)
Eligibility for Form S-3. The Company represents and warrants that it ------------------------ meets the requirements for the use of Form S-3 (or equivalent form) for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for registration of the Registrable Securities, the Company shall register the securities on another appropriate form.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it as of the date hereof, the Company meets the requirements conditions for the use of Form S-3 for the registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility offered for the use account of Form S-3the Investors.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets currently complies with the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall use its best efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3S-3 until the expiration of the Registration Period.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Investors Purchaser and any other Investor Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Miravant Medical Technologies)
Eligibility for Form S-3. The Company represents and warrants that it meets as of the date hereof the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities and the Company shall use its best efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Intelligent Electronics Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the re-sale by the Initial Investors Purchasers and any other Investor Purchaser of the Registrable Securities and the Securities. The Company shall file all reports required to be filed by the Company with the SEC in a timely manner and take all other actions which may be required so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Westell Technologies Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the meetsthe registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale thesale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall Companyshall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain tomaintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it currently meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities and the Company shall use reasonable efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the current requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner as is required so as to maintain such eligibility for the use of Form S-3.. 6
Appears in 1 contract
Sources: Registration Rights Agreement (Fastcomm Communications Corp)
Eligibility for Form S-3. The Company represents and warrants ------------------------ that it meets as of the date hereof the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor ▇▇▇▇▇▇▇ of the Registrable Securities and the Company shall use its best efforts to file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3S- 3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that that, as of the date hereof, it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the current requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner as is required so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Fastcomm Communications Corp)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Investors of the Registrable Securities Securities. The Company hereby covenants and the Company shall agrees to file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility remain eligible for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Buyer of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for registration of the Registrable Securities, the Company shall register the securities on another appropriate form. PAGE 6 3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Metropolitan Health Networks Inc)
Eligibility for Form S-3. The Company represents and warrants that it ------------------------ meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. If Form S-3 is not available for sale by the Investors of the Registrable Securities, upon request of the Investors the Company shall register the sale on another appropriate form. The Company shall have a reasonable period of time to complete such registration.
Appears in 1 contract
Sources: Securities Purchase Agreement (Syquest Technology Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such current eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Base Ten Systems Inc)
Eligibility for Form S-3. The Company represents and warrants that ------------------------ it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Oxis International Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall use its best efforts to file all reports and statements required to be filed by the Company with the SEC in a timely manner so as to thereafter maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements requirement for the use of Form S-3 for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for the sale by the Investors of the Registrable Securities, the Company shall register the sale on another appropriate form.
Appears in 1 contract
Sources: Registration Rights Agreement (Network Imaging Corp)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for the sale by the Investors of the Registrable Securities, the Company shall register the sale on another appropriate form.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that it meets the current requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Purchaser of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that ------------------------ that, as of the date hereof, it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities by the Investors, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Tudor Investment Corp Et Al)
Eligibility for Form S-3. The Company represents and warrants that that, to the best of its knowledge, it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that ------------------------ it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Buyer and any other Investor of the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. If Form S-3 is not available for sale by the Investors of the Registrable Securities, upon request of the Investors the Company shall register the sale on another appropriate form. The Company shall have a reasonable period of time to complete such registration.
Appears in 1 contract
Sources: Securities Purchase Agreement (Syquest Technology Inc)
Eligibility for Form S-3. The Company represents and warrants that that, as of the date hereof, it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants ------------------------ that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities Securities, and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. If Form S-3 is not available for sale by the Investors of the Registrable Securities, the Company shall register the sale on another appropriate form.
Appears in 1 contract
Sources: Warrant Purchase Agreement (Syquest Technology Inc)
Eligibility for Form S-3. The Company represents and warrants that it ------------------------ meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor Buyer of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3. In the event that Form S-3 is not available for registration of the Registrable Securities, the Company shall register the securities on another appropriate form.
Appears in 1 contract
Sources: Registration Rights Agreement (Nanopierce Technologies Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets will meet the requirements for the use of Form S-3 for registration of the sale by the Initial Investors Investor and any other Investor of the Registrable Securities no later than October 4, 2000 and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to thereafter maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Network Commerce Inc)
Eligibility for Form S-3. The Company represents and warrants that that, to its knowledge, except as set forth in Schedule 3(a)(xiii) to the Securities Purchase Agreement, it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Fidelity Holdings Inc)
Eligibility for Form S-3. The Company represents and warrants that it meets the requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Sources: Registration Rights Agreement (Franklin Telecommunications Corp)
Eligibility for Form S-3. The Company represents and warrants that that, to the best of its knowledge, it meets the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by the Initial Investors and any other Investor of the Registrable Securities Selling Shareholder and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract
Eligibility for Form S-3. The Company represents and warrants that when it meets the requirements for the use of Form S-3 it shall use Form S-3 for registration of the sale by the Initial Investors Lenders and any other Investor of the Registrable Securities and the Company shall file all reports required to be filed by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3.
Appears in 1 contract