Common use of S-3 Registration Statement Clause in Contracts

S-3 Registration Statement. Notwithstanding the foregoing Section 2(a), in the event that the Company files a Registration Statement on Form SB-2, and thereafter meets the eligibility requirements to use Form S-3 for the resale of Registrable Securities by the Investors, the Company shall re-file such Registration Statement, or file a new Registration Statement on Form S-3 covering the greater of (i) the number of shares then registered on the existing Registration Statement(s) (and not previously sold pursuant to an existing Registration Statement or pursuant to Rule 144 under the Securities Act (“Rule 144”)) and (ii) the number of shares required to be registered pursuant to the terms of this Agreement, as promptly as practicable (but in no event later than thirty (30) days) after the Company meets such requirements.

S-3 Registration Statement. Notwithstanding the foregoing Section 2(a), in the event that the Company files a Registration Statement on Form SB-2, and thereafter meets the eligibility requirements to use Form S-3 for the resale of Registrable Securities by the InvestorsHolders, the Company shall re-file such Registration Statement, or file a new Registration Statement on Form S-3 covering the greater of (i) the number of shares then registered on the existing Registration Statement(s) (and not previously sold pursuant to an existing Registration Statement or pursuant to Rule 144 under the Securities Act (“Rule 144”)) and (ii) the number of shares required to be registered pursuant to the terms of this Agreement, as promptly as practicable (but in no event later than thirty (30) days) after the Company meets such requirements.