Common use of Eligibility for Form S-3 Clause in Contracts

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 RGC and any other 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.

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 RGC and any other Investors of the Registrable Securities and for resale by the Investor. 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.

Eligibility for Form S-3. The As of October 1, 1999, the Company represents and warrants that it meets will meet the registrant eligibility and transaction requirements for the use of Form S-3 for registration of the sale by RGC and any other Investors of the Registrable Securities and for resale by 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.

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 re-sale by RGC Initial Purchasers and any other Investors Purchasers 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.

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 RGC the Buyers and any other Investors 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. 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.

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 RGC and any other Investors of the Registrable Securities and the Company shall file all reports required to be filed for resale by the Company with the SEC in a timely manner so as to maintain such eligibility for the use of Form S-3Investors.

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 RGC and any other Investors of the Registrable Securities and for resale by the Buyer. 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.

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 RGC and any other the Investors of the Registrable Securities and the Securities. The Company shall will 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.

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 re-sale by RGC Initial Purchaser and any other Investors Purchasers 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.

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 RGC and any other Investors the Purchaser of the Registrable Securities Shares and Warrant Shares, and the Company shall file all reports required to be filed by the Company with the SEC Securities and Exchange Commission (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.