Registration of the Common Stock with the SEC. There is an effective Registration Statement pursuant to which the Investor is permitted to utilize the prospectus thereunder to resell all of the shares of Common Stock issuable pursuant to such Advance Notice, and the Company believes, in good faith, that such effectiveness will continue uninterrupted for the foreseeable future. Neither the Company nor the Investor shall have received notice that the SEC has issued or intends to issue a stop order with respect to the Registration Statement or that the SEC otherwise has suspended or withdrawn the effectiveness of the Registration Statement, either temporarily or permanently, or intends or has threatened to do so (unless the SEC’s concerns have been addressed and the Investor is reasonably satisfied that the SEC no longer is considering or intends to take such action), and (ii) no other suspension of the use or withdrawal of the effectiveness of the Registration Statement or related prospectus shall exist.
Appears in 3 contracts
Sources: Standby Equity Distribution Agreement (Bioheart, Inc.), Standby Equity Distribution Agreement (Power of the Dream Ventures Inc), Standby Equity Distribution Agreement (Power of the Dream Ventures Inc)
Registration of the Common Stock with the SEC. There is an effective The Company shall have filed with the SEC a Registration Statement pursuant with respect to which the Investor is permitted to utilize the prospectus thereunder to resell all resale of the shares Registrable Securities in accordance with the terms of Common Stock issuable pursuant to such Advance Notice, the Registration Rights Agreement. The Registration Statement shall have become effective and the Company believes, in good faith, that such effectiveness will continue uninterrupted for the foreseeable future. Neither shall be effective on each Condition Satisfaction Date and (i) neither the Company nor the Investor shall have received notice that the SEC has issued or intends to issue a stop order with respect to the Registration Statement or that the SEC otherwise has suspended or withdrawn the effectiveness of the Registration Statement, either temporarily or permanently, or intends or has threatened to do so (unless the SEC’s 's concerns have been addressed and the Investor is reasonably satisfied that the SEC no longer is considering or intends to take such action), and (ii) no other suspension of the use or withdrawal of the effectiveness of the Registration Statement or related prospectus shall exist.
Appears in 1 contract
Sources: Standby Equity Distribution Agreement (Capital Solutions I, Inc.)