Additional Shelf Registration Statement definition
Examples of Additional Shelf Registration Statement in a sentence
Each Additional Shelf Registration Statement shall be on Form S-3 (except if the Company is not then eligible to register for resale the Shares on Form S-3, in which case such registration shall be on another appropriate form in accordance with the Securities Act and the Exchange Act).
With regard to any such Additional Shelf Registration Statement, all of the provisions of this Section 2.2.3 shall again be applicable to the Cut Back Shares.
The Company shall give Rho, ▇▇▇▇▇ and Prentice prompt notice of the amount of Shelf Registrable Securities excluded from each Additional Shelf Registration Statement.
Any such Additional Shelf Registration Statement shall cover the Shelf Registrable Securities on a pro rata basis among the Shelf Holders based upon the number of 2011 Shares purchased by each Shelf Holder.
The Issuers and the Guarantors agree to use all commercially reasonable efforts to keep such Additional Shelf Registration Statement continuously effective for a period ending on the earlier of the second anniversary of the Effective Time of such Additional Shelf Registration statement or such time as there are no longer any Registrable Securities of such Ineligible Electing Holder outstanding.
The parties hereto agree that the Additional Amounts provided for in this section constitutes a reasonable estimate of the damages that may be incurred by Holders of Registrable Securities by reason of the failure of the Shelf Registration Statement or the Additional Shelf Registration Statement, as applicable, to be filed or declared effective or available for effecting resales of Registrable Securities in accordance with the provisions hereof.
The prospectus included in a Shelf Registration Statement or Additional Shelf Registration Statement as applicable (including any prospectus pursuant to Rule 429 under the Securities Act), as amended or supplemented by any prospectus supplement and by all other amendments thereto, including post-effective amendments, and all material incorporated by reference into such Prospectus.
If such written notice is not received by the Issuers and the Guarantors prior to the second anniversary of the Effective Date of the initial Shelf Registration Statement, the Issuers and Guarantors shall have no obligation to file the Additional Shelf Registration Statement.
Reasonable efforts shall be deemed to have been used notwithstanding an inability to have the Additional Shelf Registration Statement declared or kept effective due to an inability to obtain the consent of the Company’s accountants after the use of reasonable efforts to obtain such consent by the Company.
Except pursuant to registration rights obligations of the Company in existence prior to such Spectrum Closing Date, the Company's securityholders (other than the Holders) shall not have the right to include any of the Company's securities in the Additional Shelf Registration Statement.