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

Eligibility to use Form S-3. The Company is eligible to use Form S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offerings.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Solexa, Inc.), Securities Purchase Agreement (Metabasis Therapeutics Inc), Securities Purchase Agreement (Solexa, Inc.)

Eligibility to use Form S-3. The Company is currently eligible to use Form S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offeringsSecurities.

Appears in 2 contracts

Sources: American Depositary Shares Purchase Agreement (Insignia Solutions PLC), American Depositary Shares Purchase Agreement (Insignia Solutions PLC)

Eligibility to use Form S-3. The Except as set forth on Schedule 3.13, the Company is eligible to use Form Forms S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offeringsofferings for the account of a Person other than the Company.

Appears in 1 contract

Sources: Investment Agreement (Daleen Technologies Inc)

Eligibility to use Form S-3. The Company is eligible to use Form S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offerings, subject to any limitation on the number of securities registered in the event the SEC deems such registration statement to constitute a primary offering of securities by the Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (Metabasis Therapeutics Inc)

Eligibility to use Form S-3. The Company is eligible to use Form S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offerings.

Appears in 1 contract

Sources: Securities Purchase Agreement (U.S. Auto Parts Network, Inc.)

Eligibility to use Form S-3. The Company is currently meets all of the requirements to be eligible to use Form S-3 for the registration of its securities under the Securities Act which are offered in transactions involving secondary offerings.

Appears in 1 contract

Sources: Securities Purchase Agreement (Favrille Inc)