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

Eligibility to use Form S-3. The Company represents and warrants that it currently meets, and will use its reasonable best efforts to continue to meet, the "registrant eligibility" requirements for a secondary offering set forth in the general instructions to Form S-3 to enable the registration of the Registrable Securities.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Midwest Express Holdings Inc), Registration Rights Agreement (Midwest Express Holdings Inc)

Eligibility to use Form S-3. The Company represents and warrants that it currently meets, and will use its reasonable best efforts to continue to meet, the "registrant eligibility" requirements for a secondary offering and the requirements to register the resale of the Registrable Securities, as set forth in the general instructions to Form S-3 to enable the registration of the Registrable Securities.

Appears in 1 contract

Sources: Registration Rights Agreement (Faro Technologies Inc)

Eligibility to use Form S-3. The Company represents and warrants that it currently meets, and will use its reasonable best efforts to continue to meet, the "β€œregistrant eligibility" ” requirements for a secondary offering and the requirements to register the resale of the Registrable Securities, as set forth in the general instructions to Form S-3 to enable the registration of the Registrable Securities.

Appears in 1 contract

Sources: Registration Rights Agreement (Icop Digital, Inc)

Eligibility to use Form S-3. The Company represents and warrants that it currently meets, and will use its reasonable best efforts to continue to meet, the "registrant eligibility" requirements for a secondary offering set forth in the general instructions to Form S-3 to enable the registration of the Registrable SecuritiesSecurities (as defined in the Registration Rights Agreement).

Appears in 1 contract

Sources: Securities Purchase Agreement (Midwest Express Holdings Inc)

Eligibility to use Form S-3. The Company represents and warrants that it currently meets, and will use its reasonable best efforts to continue to meet, meets the "registrant eligibility" requirements for a secondary offering set forth in the general instructions to use of Form S-3 to enable for registration of the registration sale by the Holders of the Registrable Securities. The Company will file all reports required to be filed by the Company with the Commission in a timely manner so as to preserve its eligibility for the use of Form S-3.

Appears in 1 contract

Sources: Registration Rights Agreement (Maui Land & Pineapple Co Inc)