Common use of First Registration Statement Clause in Contracts

First Registration Statement. The First Registration Statement shall have been declared effective under the Securities Act by the Commission no later than the 90th day following the Closing Date and shall have remained effective (and the prospectus therein shall have remained available for use by the applicable Purchasers to resell Shares and Underlying Shares issuable upon exercise of the Closing Warrants and the First Warrants and conversion of the Unsecured Debentures thereunder) at all times, not subject to any actual or threatened stop order or subject to any actual or threatened suspension at any time prior to the First Settlement Date.

First Registration Statement. The First Registration Statement shall have been declared effective under the Securities Act by the Commission no later than the 90th day following the Closing Date and shall have remained effective (and the prospectus therein shall have remained available for use by the applicable Purchasers to resell Shares and Underlying Shares issuable upon exercise of the Closing Warrants and the First Warrants and conversion of the Unsecured Debentures thereunder) at all times, not subject to any actual or threatened stop order or subject to any actual or threatened suspension at any time prior to the First Second Settlement Date.