Non-Registration Events. The Company and the Subscriber agree that the Seller will suffer damages if any registration statement required under SECTION 10.1(I) above is not filed within sixty (60) days after written request by the Holder and not declared effective by the Commission within one hundred twenty (120) days after such request (or the Filing Date and Effective Date, respectively, in reference to the registration statement on Form SB-2 to be filed pursuant to Section 10.1(ii)), and maintained in the manner and within the time periods contemplated by SECTION 10 hereof, and it would not be feasible to ascertain the extent of such damages with precision. Accordingly, if (i) the registration statement described in SECTIONS 10.1(i) is not filed within sixty (60) days of such written request, or is not declared effective by the Commission on or prior to the date that is one hundred twenty (120) days after such request, or (ii) the registration statement on Form SB-2 is not filed on or before the Filing Date or not declared effective on or before the sooner of the Effective Date, or within five (5) days of receipt by the Company of a communication from the Commission that the registration statement described in SECTION 10.1(ii) will not be reviewed or (iii) any registration statement described in SECTIONS 10.1(i) or 10.1
Appears in 5 contracts
Sources: Subscription Agreement (Mooney Aerospace Group LTD), Subscription Agreement (Mooney Aerospace Group LTD), Subscription Agreement (Mooney Aerospace Group LTD)
Non-Registration Events. The Company and the Subscriber agree that the ----------------------- Seller will suffer damages if any registration statement required under SECTION 10.1(ISection 10.1(i) above is not filed within sixty (60) days after written request by the Holder and not declared effective by the Commission within one hundred twenty (120) days after such request (or the Filing Date and Effective Date, respectively, in reference to the registration statement on Form SB-2 to be filed pursuant to Section 10.1(ii)), and maintained in the manner and within the time periods contemplated by SECTION Section 10 hereof, and it would not be feasible to ascertain the extent of such damages with precision. Accordingly, if (i) the registration statement described in SECTIONS Sections 10.1(i) is not filed within sixty (60) days of such written request, or is not declared effective by the Commission on or prior to the date that is one hundred twenty (120) days after such request, or (ii) the registration statement on Form SB-2 is not filed on or before the Filing Date or not declared effective on or before the sooner of the Effective Date, or within five (5) days of receipt by the Company of a communication from the Commission that the registration statement described in SECTION Section 10.1(ii) will not be reviewed or (iii) any registration statement described in SECTIONS Sections 10.1(i) or 10.1
Appears in 2 contracts
Sources: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)
Non-Registration Events. The Company and the Subscriber agree that the Seller will suffer damages if any registration statement required under SECTION 10.1(I) above is not filed within sixty (60) days after written request by the Holder and not declared effective by the Commission within one hundred twenty (120) days after such request (or the Filing Date and Effective Date, respectively, in reference to the registration statement on Form SB-2 to be filed pursuant to Section 10.1(ii)), and maintained in the manner and within the time periods contemplated by SECTION 10 hereof, and it would not be feasible to ascertain the extent of such damages with precision. Accordingly, if (i) the registration statement described in SECTIONS 10.1(i10.1(I) is not filed within sixty (60) days of such written request, or is not declared effective by the Commission on or prior to the date that is one hundred twenty (120) days after such request, or (ii) the registration statement on Form SB-2 is not filed on or before the Filing Date or not declared effective on or before the sooner of the Effective Date, or within five (5) days of receipt by the Company of a communication from the Commission that the registration statement described in SECTION 10.1(ii10.1(II) will not be reviewed or (iii) any registration statement described in SECTIONS 10.1(i10.1(I) or 10.1
Appears in 2 contracts
Sources: Subscription Agreement (Mooney Aerospace Group LTD), Subscription Agreement (Mooney Aerospace Group LTD)
Non-Registration Events. The Company and the Subscriber agree that the Seller will suffer damages if any registration statement required under SECTION 10.1(ISection 8.1(iii) or 8.1(iv) above is not filed within sixty (60) 45 days after written request by the Holder and Final Closing Date and/or not declared effective by the Commission within one hundred twenty (120) 90 days after such request ([or the Filing Date and Effective Date, respectively, in reference to the registration statement Registration Statement on Form SB-2 to be filed pursuant to or such other form described in Section 10.1(ii8.1(iv))], and maintained in the manner and within the time periods contemplated by SECTION 10 Section 8 hereof, and it would not be feasible to ascertain the extent of such damages with precision. Accordingly, if (i) the registration statement Registration Statement described in SECTIONS 10.1(iSections 8.1(i) or 8.1(ii) or 8.1 (iii) is not filed within sixty (60) 45 days of such written request, after the Final Closing Date or is not declared effective by the Commission on or prior to the date that is one hundred twenty (120) 90 days after such requestfiling, or (ii) the registration statement on Form SB-2 or such other form described in Section 8.1(iv) is not filed on or before the Filing Date or not declared effective on or before the sooner of the Effective Date, or within five ten (510) business days of receipt by the Company of a written or oral communication from the Commission that the registration statement described in SECTION 10.1(iiSection 8.1(iv) will not be reviewed reviewed, or (iii) any registration statement described in SECTIONS 10.1(iSections 8.1(i), 8.1(ii) or 10.18.1(iii) or 8.1
Appears in 2 contracts
Sources: Subscription Agreement (Centrex Inc), Subscription Agreement (Centrex Inc)
Non-Registration Events. The Company and the Subscriber agree that ----------------------- the Seller will suffer damages if any registration statement required under SECTION 10.1(ISection 10.1(i) above is not filed within sixty (60) days after written request by the Holder and not declared effective by the Commission within one hundred twenty (120) days after such request (or the Filing Date and Effective Date, respectively, in reference to the registration statement on Form SB-2 to be filed pursuant to Section 10.1(ii)), and maintained in the manner and within the time periods contemplated by SECTION Section 10 hereof, and it would not be feasible to ascertain the extent of such damages with precision. Accordingly, if (i) the registration statement described in SECTIONS Sections 10.1(i) is not filed within sixty (60) days of such written request, or is not declared effective by the Commission on or prior to the date that is one hundred twenty (120) days after such request, or (ii) the registration statement on Form SB-2 is not filed on or before the Filing Date or not declared effective on or before the sooner of the Effective Date, or within five (5) days of receipt by the Company of a communication from the Commission that the registration statement described in SECTION Section 10.1(ii) will not be reviewed or (iii) any registration statement described in SECTIONS Sections 10.1(i) or 10.1
Appears in 1 contract
Sources: Subscription Agreement (Advanced Aerodynamics & Structures Inc/)
Non-Registration Events. The Company and the Subscriber agree that the Seller will suffer damages if any registration statement required under SECTION 10.1(ISection 10.1(i) above is not filed within sixty (60) days after written request by the Holder and not declared effective by the Commission within one hundred twenty (120) days after such request (or the Filing Date and Effective Date, respectively, in reference to the registration statement on Form SB-2 to be filed pursuant to Section 10.1(ii)), and maintained in the manner and within the time periods contemplated by SECTION Section 10 hereof, and it would not be feasible to ascertain the extent of such damages with precision. Accordingly, if (i) the registration statement described in SECTIONS Sections 10.1(i) is not filed within sixty (60) days of such written request, or is not declared effective by the Commission on or prior to the date that is one hundred twenty (120) days after such request, or (ii) the registration statement on Form SB-2 is not filed on or before the Filing Date or not declared effective on or before the sooner of the Effective Date, or within five (5) days of receipt by the Company of a communication from the Commission that the registration statement described in SECTION Section 10.1(ii) will not be reviewed or (iii) any registration statement described in SECTIONS Sections 10.1(i) or 10.1
Appears in 1 contract
Sources: Subscription Agreement (Advanced Aerodynamics & Structures Inc/)
Non-Registration Events. The Company and the Subscriber agree that ----------------------- the Seller will suffer damages if any registration statement required under SECTION 10.1(I10.1(i) above is not filed within sixty (60) days after written request by the Holder and not declared effective by the Commission within one hundred twenty (120) days after such request (or the Filing Date and Effective Date, respectively, in reference to the registration statement on Form SB-2 to be filed pursuant to Section SECTION 10.1(ii)), and maintained in the manner and within the time periods contemplated by SECTION 10 hereof, and it would not be feasible to ascertain the extent of such damages with precision. Accordingly, if (i) the registration statement described in SECTIONS 10.1(i) is not filed within sixty (60) days of such written request, or is not declared effective by the Commission on or prior to the date that is one hundred twenty (120) days after such request, or (ii) the registration statement on Form SB-2 is not filed on or before the Filing Date or not declared effective on or before the sooner of the Effective Date, or within five (5) days of receipt by the Company of a communication from the Commission that the registration statement described in SECTION 10.1(ii) will not be reviewed or (iii) any registration statement described in SECTIONS 10.1(i) or 10.1
Appears in 1 contract
Sources: Subscription Agreement (Advanced Aerodynamics & Structures Inc/)
Non-Registration Events. The Company and the Subscriber agree ----------------------- that the Seller will suffer damages if any registration statement required under SECTION 10.1(ISection 10.1(i) above is not filed within sixty (60) days after written request by the Holder and not declared effective by the Commission within one hundred twenty (120) days after such request (or the Filing Date and Effective Date, respectively, in reference to the registration statement on Form SB-2 to be filed pursuant to Section 10.1(ii)), and maintained in the manner and within the time periods contemplated by SECTION Section 10 hereof, and it would not be feasible to ascertain the extent of such damages with precision. Accordingly, if (i) the registration statement described in SECTIONS Sections 10.1(i) is not filed within sixty (60) days of such written request, or is not declared effective by the Commission on or prior to the date that is one hundred twenty (120) days after such request, or (ii) the registration statement on Form SB-2 is not filed on or before the Filing Date or not declared effective on or before the sooner of the Effective Date, or within five (5) days of receipt by the Company of a communication from the Commission that the registration statement described in SECTION Section 10.1(ii) will not be reviewed or (iii) any registration statement described in SECTIONS Sections 10.1(i) or 10.1
Appears in 1 contract
Sources: Subscription Agreement (Advanced Aerodynamics & Structures Inc/)