Not a Shell Company. The Company is not a shell company (as defined in Rule 405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.
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Sources: At Market Issuance Sales Agreement (Oxigene Inc), At Market Issuance Sales Agreement (ARYx Therapeutics, Inc.)
Not a Shell Company. The Company is not a “shell company company” (as defined in Rule 405 under of the Securities Act) and has not been a shell company for at least 12 the previous twelve (12) calendar months previously and and, if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 of Form S-3) with the Commission at least 12 twelve (12) calendar months previously prior to the Effective Date reflecting its status as an entity that is not a shell company.
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