Common use of Request for Shelf Registration Clause in Contracts

Request for Shelf Registration. (a) At any time, upon the written request of the Investors (a “Shelf Registration Request”), the Company shall within thirty (30) days of the date of such request, file with the SEC a shelf Registration Statement pursuant to Rule 415 under the Securities Act (“Shelf Registration Statement”) relating to the offer and sale of Registrable Securities held by the Investors from time to time in accordance with the methods of distribution elected by the Investors, and the Company shall use its commercially reasonable efforts to cause such Shelf Registration Statement to promptly become effective under the Securities Act, but in no event later than sixty (60) days after filing such Shelf Registration Statement. Any such Registration pursuant to a Shelf Registration Request shall hereinafter be referred to as a “Shelf Registration.” (b) If on the date of the Shelf Registration Request the Company is not a WKSI, then the Shelf Registration Request shall specify the aggregate amount of Registrable Securities to be registered, which shall not be less than a majority of the Registrable Securities then held by the Investors. The Company shall provide to the Investors the information necessary to determine the Company’s status as a WKSI upon request.

Appears in 2 contracts

Sources: Securities Purchase Agreement (pSivida Corp.), Registration Rights Agreement (pSivida Corp.)

Request for Shelf Registration. (a) At any timeThe Company shall, upon the written request of the Investors (a “Shelf Registration Request”), the Company shall within thirty (30) days of the date of such requestthe Closing, file with the SEC a shelf Registration Statement pursuant to Rule 415 under the Securities Act (“Shelf Registration Statement”) relating to the offer and sale of Registrable Securities held by the Investors from time to time hereunder and under the First Registration Rights Agreement (but only to the extent such securities have not been registered pursuant to the First Registration Rights Agreement) in accordance with the methods of distribution elected by the Investors, and the Company shall use its commercially reasonable efforts to cause such Shelf Registration Statement to promptly become effective under the Securities Act, but in no event later than sixty (60) days after filing such Shelf Registration Statement. Any such Registration pursuant to a Shelf Registration Request this Section 3.2.1(a) shall hereinafter be referred to as a “Shelf Registration.” (b) If on the date of the Shelf Registration Request Closing, the Company is not a WKSI, then the Shelf Registration Request Investors shall specify submit a written notice to the Company specifying the aggregate amount of Registrable Securities to be registered, which shall not be less than a majority of the then outstanding Registrable Securities then held by the Investors. The Company shall provide to the Investors the information necessary to determine the Company’s status as a WKSI upon request.

Appears in 1 contract

Sources: Registration Rights Agreement (EyePoint Pharmaceuticals, Inc.)