Filing of the Registration Statement. Upon the terms and subject to the conditions set forth in this Agreement, the Company shall file with the Commission within ninety (90) calendar days after the Closing Date a registration statement on Form S-3 under the Securities Act or such other form as deemed appropriate by counsel to the Company for the registration for the resale by the Investor of the Registrable Securities (the “Registration Statement”), provided, however, that the Company’s obligations in this Article I are subject to any limitations on the Company’s ability to register the full complement of such Registrable Securities in accordance with Rule 415 under the Securities Act or other regulatory limitations.
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Sources: Registration Rights Agreement (Discovery Laboratories Inc /De/), Registration Rights Agreement (Discovery Laboratories Inc /De/)