Shelf Registration. The Company shall # prepare and file an initial Registration Statement under the Securities Act as soon as practicable, and in any event within 10 calendar days following any Installment Payment Date to permit the resale of all Registrable Securities from time to time as permitted by Rule 415 (or any similar provision adopted by the Commission then in effect) of the Securities Act and # use its reasonable best efforts to cause such initial Registration Statement to become effective as soon as practicable after filing thereof. The Company will use its reasonable best efforts to cause the Registration Statement filed pursuant to this [Section 3.01(a)] to be continuously effective under the Securities Act (and, if such Registration Statement ceases to be effective, as soon as practicable to restore its effectiveness or to file and have declared effective a new Registration Statement), with respect to any Holder, until the date on which there are no longer any Registrable Securities outstanding (the “Effectiveness Period”). A Registration Statement filed pursuant to this [Section 3.01(a)] shall be on such appropriate registration form of the Commission as shall be selected by the Company; provided that, if the Company is then eligible, it shall file such Registration Statement on Form S-3. A Registration Statement when declared effective (including the documents incorporated therein by reference) will comply as to form in all material respects with all applicable requirements of the Securities Act and the Exchange Act and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading (and, in the case of any prospectus contained in such Registration Statement, in the light of the circumstances under which a statement is made). As soon as practicable following the date that a Registration Statement becomes effective, but in any event within two Business Days immediately following such date, the Company shall provide the Holders with notice of the effectiveness of such Registration Statement.
Shelf Registration. The Company shall #promptly prepare and file an initialwith the SEC a Registration Statement underwith respect to the Securities Act as soon as practicable, and in any event within 10 calendar days following any Installment Payment Date to permit the resale of all Registrable Securities from time to time as permitted by Rule 415 (or any similar provision adopted by the Commission then in effect) of the Securities Act and # use its commercially reasonable best efforts to cause such initial Registration Statement relating to the Registrable Securities to become effective as soon as reasonably practicable after such filing thereof.(but in no event later than the Effectiveness Deadline). The Company will use its reasonable best efforts to cause theshall keep each Registration Statement filedeffective pursuant to this [Section 3.01(a)] to be continuously effective under the Securities Act (and, if such Registration Statement ceases to be effective, as soon as practicable to restore its effectiveness or to file and have declared effective a new Registration Statement), with respect to any Holder,Rule 415 at all times until the date on which there are no longer any Registrable Securities outstanding (the “Effectiveness Period”). A Registration Statement filed pursuant to this [Section 3.01(a)] shall be on such appropriate registration form of the Commission as shall be selected by the Company; provided that, if the Company is then eligible, it shall file such Registration Statement on Form S-3. A Registration Statement when declared effective (including the documents incorporated therein by reference) will comply as to form in all material respects with all applicable requirements of the Securities Act and the Exchange Act and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading (and, in the case of any prospectus contained in such Registration Statement, in the light of the circumstances under which a statement is made). As soon as practicable following the date that a Registration Statement becomes effective, but in any event within two Business Days immediately following such date, the Company shall provide the Holders with notice of the effectiveness of such Registration Statement.
ShelfMandatory Registration. The Company shall # prepare andshall, within thirty (30) calendar days from the date hereof, file with the SEC an initial Registration Statement undercovering the maximum number of Registrable Securities Act as soonshall be permitted to be included thereon in accordance with applicable SEC rules, regulations and interpretations so as practicable, and in any event within 10 calendar days following any Installment Payment Date to permit the resale of allsuch Registrable Securities from timeby the Investor, including but not limited to time as permitted byunder Rule 415 (or any similar provision adopted by the Commission then in effect) ofunder the Securities Act at then prevailing market prices (and not fixed prices), subject to the aggregate number of authorized shares of the Company’s Common Stock then available for issuance in its Certificate of Incorporation. The initial Registration Statement shall register only the Registrable Securities. The Investor and #its counsel shall have a reasonable opportunity to review and comment upon such Registration Statement and any amendment or supplement to such Registration Statement and any related prospectus prior to its filing with the SEC, and the Company shall give due consideration to all reasonable comments. The Investor shall furnish all information reasonably requested by the Company for inclusion therein. The Company shall use its reasonable best efforts to cause such initialhave the Registration Statement declared effective by the SEC within ninety (90) calendar days from the date hereof (or at the earliest possible date if prior to becomeninety (90) calendar days from the date hereof), and any amendment declared effective as soon as practicable after filing thereof.by the SEC at the earliest possible date. The Company willshall use its reasonable best efforts to causekeep the Registration Statement filedeffective, including but not limited to pursuant to this [Section 3.01(a)] to be continuously effectiveRule 415 promulgated under the Securities Act (and, if such Registration Statement ceasesand available for the resale by the Investor of all of the Registrable Securities covered thereby at all times until the earlier of # the date as of which the Investor may sell all of the Registrable Securities without restriction pursuant to be effective, as soon as practicable to restore its effectiveness or to fileRule 144 promulgated under the Securities and have declared effective a new Registration Statement), with respect to any Holder, until# the date on which there are no longer anythe Investor shall have sold all the Registrable Securities outstandingcovered thereby and no Available Amount remains under the Purchase Agreement (the “Effectiveness Period”"Registration Period"). AThe Registration Statement filed pursuant to this [Section 3.01(a)](including any amendments or supplements thereto and prospectuses contained therein) shall be on such appropriate registration form of the Commission as shall be selected by the Company; provided that, if the Company is then eligible, it shall file such Registration Statement on Form S-3. A Registration Statement when declared effective (including the documents incorporated therein by reference) will comply as to form in all material respects with all applicable requirements of the Securities Act and the Exchange Act and will not contain anany untrue statement of a material fact or omit to state a material fact required to be stated thereintherein, or necessary to make the statements therein not misleading (and,therein, in the case of any prospectus contained in such Registration Statement, in the light of the circumstances underin which a statement is made). As soon as practicable following the date that a Registration Statement becomes effective, but in any event within two Business Days immediately following such date, the Company shall provide the Holders with notice of the effectiveness of such Registration Statement.they were made, not misleading.
Shelf Registration.On or prior to the Filing Date, the Company shall prepare and file with the Commission a registration statement covering the Registrable Securities for an offering to be made on a continuous basis pursuant to Rule 415. The registration statement shall be on Form S-1 or, if the Company is so eligible, on Form S-3 (except if the Company is not then eligible to register for resale the Registrable Securities on Form S-1 or Form S-3, as the case may be, in which case such registration shall be on another appropriate form in accordance herewith) and shall contain (unless otherwise directed by the Investor) substantially the “Plan of Distribution” attached hereto as . The Company shall # prepare and file an initial Registration Statement undercause the Securities Act as soon as practicable, and in any event within 10 calendar days following any Installment Payment Date to permit the resale of all Registrable Securities from time to time as permitted by Rule 415 (or any similar provision adopted by the Commission then in effect) of the Securities Act and # use its reasonable best efforts to cause such initial Registration Statementregistration statement to become effective and remain effective as soon as practicable after filing thereof.provided herein. The Company willshall use its reasonable best efforts to cause the Registration Statement filed pursuantregistration statement to this [Section 3.01(a)]be declared effective under the Securities Act as soon as possible and, in any event, by the Effectiveness Date. The Company shall use its reasonable best efforts to bekeep the registration statement continuously effective under the Securities Act (and, ifuntil all Registrable Securities covered by such Registration Statement ceasesregistration statement have been sold, or may be sold without the requirement to be effective,in compliance with Rule 144(c)(1) and otherwise without restriction or limitation pursuant to Rule 144, as soon as practicabledetermined by the counsel to restore its effectiveness or to file and have declared effective a new Registration Statement), with respect to any Holder, until the date on which there are no longer any Registrable Securities outstandingCompany (the “Effectiveness Period”). A Registration Statement filed pursuant to this [Section 3.01(a)] shall be on such appropriate registration form of the Commission as shall be selected by the Company; provided that, if the Company is then eligible, it shall file such Registration Statement on Form S-3. A Registration Statement when declared effective (including the documents incorporated therein by reference) will comply as to form in all material respects with all applicable requirements of the Securities Act and the Exchange Act and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading (and, in the case of any prospectus contained in such Registration Statement, in the light of the circumstances under which a statement is made). As soon as practicable following the date that a Registration Statement becomes effective, but in any event within two Business Days immediately following such date, the Company shall provide the Holders with notice of the effectiveness of such Registration Statement.
Shelf Registration. The CompanyNot later than the Filing Date, shall # prepare and file an initialwith the Commission a Registration Statement on Form S-1 relating to the resale by the Holders all (or such other number as the Commission will permit) of the Registrable Securities. Subject to the terms of this Agreement, shall use its best efforts to cause a Registration Statement filed under this Agreement (including, without limitation, under [Section 3(c)]) to be declared effective under the Securities Act as soonpromptly as practicable, andpossible after the filing thereof, but in any event within 10 calendar days following any Installment Payment Date to permitno later than the resale of all Registrable Securities from time to time as permitted by Rule 415 (or any similar provision adopted by the Commission then in effect) of the Securities Actapplicable Effectiveness Date, and #shall use its reasonable best efforts to causekeep such initial Registration Statement to become effective as soon as practicable after filing thereof. The Company will use its reasonable best efforts to cause the Registration Statement filed pursuant to this [Section 3.01(a)] to be continuously effective under the Securities Act (and, ifuntil all Registrable Securities covered by such Registration Statement ceases# have been sold, thereunder or pursuant to Rule 144, or # may be sold without volume or manner-of-sale restrictions pursuant to Rule 144 and without the requirement for to be effective,in compliance with the current public information requirement under Rule 144, as soon as practicabledetermined by the counsel to restore its effectiveness or to file and have declared effective a new Registration Statement), with respect to any Holder, until the date on which there are no longer any Registrable Securities outstanding (the “Effectiveness Period”). A Registration Statement filed pursuant to this [Section 3.01(a)] shall be ona written opinion letter to such appropriate registration form ofeffect, addressed and acceptable to the Commission as shall be selected by the Company; provided that, if the Company is then eligible, it shall file such Registration Statement on Form S-3. A Registration Statement when declared effective (including the documents incorporated therein by reference) will comply as to form in all material respects with all applicable requirements of the Securities ActTransfer Agent and the Exchange Act and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading (and, in the case of any prospectus contained in such Registration Statement, in the light of the circumstances under which a statement is made). As soon as practicable following the date that a Registration Statement becomes effective, but in any event within two Business Days immediately following such date, the Company shall provide theaffected Holders with notice of the effectiveness of such Registration Statement.(the Effectiveness Period).
Shelf Registration. The CompanyOn or prior to each Filing Date, shall # prepare and file an initialwith the Commission a Registration Statement covering the resale of all of the Registrable Securities that are not then registered on an effective Registration Statement for an offering to be made on a continuous basis pursuant to Rule 415. Each Registration Statement filed hereunder shall be on Form S-3 (except if is not then eligible to register for resale the Registrable Securities on Form S-3, in which case such registration shall be on another appropriate form in accordance herewith, subject to the provisions of [Section 2(e)]) and shall contain (unless otherwise directed by at least 85% in interest of the Holders) substantially the “Plan of Distribution” attached hereto as [Annex A] and substantially the “Selling Stockholder” section attached hereto as ; provided, however, that no Holder shall be required to be named as an “underwriter” without such Holder’s express prior written consent. Subject to the terms of this Agreement, shall use its best efforts to cause a Registration Statement filed under this Agreement (including, without limitation, under [Section 3(c)]) to be declared effective under the Securities Act as soonpromptly as practicable, andpossible after the filing thereof, but in any event within 10 calendar days following any Installment Payment Date to permitno later than the resale of all Registrable Securities from time to time as permitted by Rule 415 (or any similar provision adopted by the Commission then in effect) of the Securities Actapplicable Effectiveness Date, and #shall use its reasonable best efforts to causekeep such initial Registration Statement to become effective as soon as practicable after filing thereof. The Company will use its reasonable best efforts to cause the Registration Statement filed pursuant to this [Section 3.01(a)] to be continuously effective under the Securities Act (and, ifuntil the date that all Registrable Securities covered by such Registration Statement ceases# have been sold, thereunder or pursuant to Rule 144, or # may be sold without volume or manner-of-sale restrictions pursuant to Rule 144 and without the requirement for to be effective,in compliance with the current public information requirement under Rule 144, as soon as practicabledetermined by the counsel to restore its effectiveness or pursuant to filea written opinion letter to such effect, addressed and have declared effective a new Registration Statement), with respectacceptable to any Holder, until the date on which there are no longer any Registrable Securities outstandingTransfer Agent and the affected Holders (the “Effectiveness Period”). A Registration Statement filed pursuant to this [Section 3.01(a)] shall be on such appropriate registration formtelephonically request effectiveness of the Commission as shall be selected by the Company; provided that, if the Company is then eligible, it shall file such Registration Statement on Form S-3. A Registration Statement when declared effective (including the documents incorporated therein by reference) will comply as to form in all material respects with all applicable requirements of the Securities Act and the Exchange Act and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading (and, in the case of any prospectus contained in such Registration Statement, in the light of the circumstances under which a statement is made). As soon as practicable following the date that a Registration Statement becomes effective, but in any event within two Business Daysas of Eastern Time on a Trading Day. shall immediately following such date, the Company shall providenotify the Holders with noticevia facsimile or by e-mail of the effectiveness of a Registration Statement on the same Trading Day that telephonically confirms effectiveness with the Commission, which shall be the date requested for effectiveness of such Registration Statement. shall, by Eastern Time on the Trading Day after the effective date of such Registration Statement, file a final Prospectus with the Commission as required by Rule 424. Failure to so notify the Holder within one (1) Trading Day of such notification of effectiveness or failure to file a final Prospectus as foresaid shall be deemed an Event under [Section 2(d)].
Shelf Registration.No later than , the Company shall prepare and file with the Commission a Registration Statement on Form S-1 or, if available, on Form S-3 (including pursuant to Rule 415 under the Securities Act) (the “Shelf Registration”). The Company shall # prepare and file an initial Registration Statement under the Securities Act as soon as practicable, and in any event within 10 calendar days following any Installment Payment Date to permit the resale of all Registrable Securities from time to time as permitted by Rule 415 (or any similar provision adopted by the Commission then in effect) of the Securities Act and # use its reasonable best efforts to cause such initial Registration Statement to become effective as soon as practicable after filing thereof. The Company will use its reasonable best efforts to# cause the Shelf Registration Statement filed pursuant to this [Section 3.01(4.13(a)] to be continuouslydeclared effective by the Commission or otherwise become effective under the Securities Act (and, ifby and # keep such Shelf Registration Statement ceases to be effective, as soon as practicable to restore its effectiveness or to filecontinuously effective and have declared effective a new Registration Statement),in compliance with respect to any Holder, until the date on which there are no longer any Registrable Securities outstanding (the “Effectiveness Period”). A Registration Statement filed pursuant to this [Section 3.01(a)] shall be on such appropriate registration form of the Commission as shall be selected by the Company; provided that, if the Company is then eligible, it shall file such Registration Statement on Form S-3. A Registration Statement when declared effective (including the documents incorporated therein by reference) will comply as to form in all material respects with all applicable requirements of the Securities Act and useable for the Exchange Act and will not contain an untrue statementresale of Registrable Securities for a material fact or omitperiod of one year. Prior to state a material fact required to be stated therein or necessary to make the statements therein not misleading (and, in the case of any prospectus contained in such Registration Statement, in the lightfiling of the circumstances under which a statement is made). As soon as practicable following the date that a Registration Statement becomes effective, but in any event within two Business Days immediately following such date,Shelf Registration, the Company shall provide the Holders withwritten notice to all holders of Registrable Securities of the effectivenessanticipated filing thereof and the right of suchthe holders of Registrable Securities to include Registrable Securities in the Registration Statement. The Company shall include in such Shelf Registration all Registrable Securities with respect to which the Company has received written requests for inclusion therein within twenty days after the receipt of the Company’s notice.”
Shelf Registration. The CompanyOn or prior to each Filing Date, shall # prepare and file an initialwith the Commission a Registration Statement covering the resale of all of the Registrable Securities that are not then registered on an effective Registration Statement for an offering to be made on a continuous basis pursuant to Rule 415. Each Registration Statement filed hereunder shall be on Form S-3 (except if is not then eligible to register for resale the Registrable Securities on Form S-3, in which case such registration shall be on Form S-1 or another appropriate form in accordance herewith, subject to the provisions of [Section 2(e)]) and shall contain (unless otherwise directed by at least 85% in interest of the Holders) substantially the “Plan of Distribution” attached hereto as and substantially the “Selling Stockholder” section attached hereto as . Subject to the terms of this Agreement, shall use its commercially reasonable efforts to cause a Registration Statement filed under this Agreement (including, without limitation, under [Section 3(c)]) to be declared effective under the Securities Act as soonpromptly as practicable, andreasonably possible after the filing thereof, but in any event within 10 calendar days following any Installment Payment Date to permitno later than the resale of all Registrable Securities from time to time as permitted by Rule 415 (or any similar provision adopted by the Commission then in effect) of the Securities Actapplicable Effectiveness Date, and #shall use its commercially reasonable best efforts to causekeep such initial Registration Statement to become effective as soon as practicable after filing thereof. The Company will use its reasonable best efforts to cause the Registration Statement filed pursuant to this [Section 3.01(a)] to be continuously effective under the Securities Act (and, ifuntil the date that all Registrable Securities covered by such Registration Statement ceases# have been sold thereunder or pursuant to Rule 144, or # may be sold without volume or manner-of-sale restrictions pursuant to Rule 144 and without the requirement for to be effective,in compliance with the current public information requirement under Rule 144, as soon as practicabledetermined by the counsel to restore its effectiveness or to file and have declared effective a new Registration Statement), with respect to any Holder, until the date on which there are no longer any Registrable Securities outstanding (the “Effectiveness Period”). A Registration Statement filed pursuant to this [Section 3.01(a)] shall be on such appropriate registration formrequest effectiveness of the Commission as shall be selected by the Company; provided that, if the Company is then eligible, it shall file such Registration Statement on Form S-3. A Registration Statement when declared effective (including the documents incorporated therein by reference) will comply as to form in all material respects with all applicable requirements of the Securities Act and the Exchange Act and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading (and, in the case of any prospectus contained in such Registration Statement, in the light of the circumstances under which a statement is made). As soon as practicable following the date that a Registration Statement becomes effective, but in any event within two Business Days immediately following such date, the Companyas of (New York City time) on a Trading Day. shall providepromptly notify the Holders via e-mail (to the extent Holder has provided with noticea valid and working email address) of the effectiveness of a Registration Statement on the same day that confirms effectiveness with the Commission, which shall be the date of effectiveness of such Registration Statement. shall, by (New York City time) on the fifth Trading Day after the effective date of such Registration Statement, file a final Prospectus with the Commission if and as required by Rule 424.
ShelfMandatory Registration. The Company shall # prepare andshall, within thirty (30) calendar days from the date hereof, file with the SEC an initial Registration Statement undercovering the maximum number of Registrable Securities Act(beginning with the Commitment Shares) as soonshall be permitted to be included thereon in accordance with applicable SEC rules, regulations and interpretations so as practicable, and in any event within 10 calendar days following any Installment Payment Date to permit the resale of allsuch Registrable Securities from timeby the Investor, including but not limited to time as permitted byunder Rule 415 (or any similar provision adopted by the Commission then in effect) ofunder the Securities Act at then prevailing market prices (and not fixed prices), subject to the aggregate number of authorized shares of the Companys Common Stock then available for issuance in its Certificate of Incorporation. The initial Registration Statement shall register only the Registrable Securities. The Investor and #its counsel shall have a reasonable opportunity to review and comment upon such Registration Statement and any amendment or supplement to such Registration Statement and any related prospectus prior to its filing with the SEC, and the Company shall give due consideration to all reasonable comments. The Investor shall furnish all information reasonably requested by the Company for inclusion therein. The Company shall use its reasonable best efforts to cause such initialhave the Registration Statement declared effective by the SEC within ninety (90) calendar days from the date hereof (or at the earliest possible date if prior to becomeninety (90) calendar days from the date hereof), and any amendment declared effective as soon as practicable after filing thereof.by the SEC at the earliest possible date. The Company willshall use its reasonable best efforts to causekeep the Registration Statement filedeffective, including but not limited to pursuant to this [Section 3.01(a)] to be continuously effectiveRule 415 promulgated under the Securities Act (and, if such Registration Statement ceasesand available for the resale by the Investor of all of the Registrable Securities covered thereby at all times until the earlier of # the date as of which the Investor may sell all of the Registrable Securities without restriction pursuant to be effective, as soon as practicable to restore its effectiveness or to fileRule 144 promulgated under the Securities and have declared effective a new Registration Statement), with respect to any Holder, until# the date on which there are no longer anythe Investor shall have sold all the Registrable Securities outstandingcovered thereby and no Available Amount remains under the Purchase Agreement (the “Effectiveness Period”"Registration Period"). AThe Registration Statement filed pursuant to this [Section 3.01(a)](including any amendments or supplements thereto and prospectuses contained therein) shall be on such appropriate registration form of the Commission as shall be selected by the Company; provided that, if the Company is then eligible, it shall file such Registration Statement on Form S-3. A Registration Statement when declared effective (including the documents incorporated therein by reference) will comply as to form in all material respects with all applicable requirements of the Securities Act and the Exchange Act and will not contain anany untrue statement of a material fact or omit to state a material fact required to be stated thereintherein, or necessary to make the statements therein not misleading (and,therein, in the case of any prospectus contained in such Registration Statement, in the light of the circumstances underin which a statement is made). As soon as practicable following the date that a Registration Statement becomes effective, but in any event within two Business Days immediately following such date, the Company shall provide the Holders with notice of the effectiveness of such Registration Statement.they were made, not misleading.
ShelfMandatory Registration. The Company shall # prepare andshall, within thirty (30) calendar days from the date hereof, file with the SEC an initial Registration Statement undercovering the maximum number of Registrable Securities Act(beginning with the Commitment Shares) as soonshall be permitted to be included thereon in accordance with applicable SEC rules, regulations and interpretations so as practicable, and in any event within 10 calendar days following any Installment Payment Date to permit the resale of allsuch Registrable Securities from timeby the Investor, including but not limited to time as permitted byunder Rule 415 (or any similar provision adopted by the Commission then in effect) ofunder the Securities Act at then prevailing market prices (and not fixed prices), subject to the aggregate number of authorized shares of the Company’s Common Stock then available for issuance in its Certificate of Incorporation. The initial Registration Statement shall register only the Registrable Securities. The Investor and #its counsel shall have a reasonable opportunity to review and comment upon such Registration Statement and any amendment or supplement to such Registration Statement and any related prospectus prior to its filing with the SEC, and the Company shall give due consideration to all reasonable comments. The Investor shall furnish all information reasonably requested by the Company for inclusion therein. The Company shall use its reasonable best efforts to cause such initialhave the Registration Statement declared effective by the SEC within ninety (90) calendar days from the date hereof (or at the earliest possible date if prior to becomeninety (90) calendar days from the date hereof), and any amendment declared effective as soon as practicable after filing thereof.by the SEC at the earliest possible date. The Company willshall use its reasonable best efforts to causekeep the Registration Statement filedeffective, including but not limited to pursuant to this [Section 3.01(a)] to be continuously effectiveRule 415 promulgated under the Securities Act (and, if such Registration Statement ceasesand available for the resale by the Investor of all of the Registrable Securities covered thereby at all times until the earlier of # the date as of which the Investor may sell all of the Registrable Securities without restriction pursuant to be effective, as soon as practicable to restore its effectiveness or to fileRule 144 promulgated under the Securities and have declared effective a new Registration Statement), with respect to any Holder, until# the date on which there are no longer anythe Investor shall have sold all the Registrable Securities outstandingcovered thereby and no Available Amount remains under the Purchase Agreement (the “Effectiveness Period”"Registration Period"). AThe Registration Statement filed pursuant to this [Section 3.01(a)](including any amendments or supplements thereto and prospectuses contained therein) shall be on such appropriate registration form of the Commission as shall be selected by the Company; provided that, if the Company is then eligible, it shall file such Registration Statement on Form S-3. A Registration Statement when declared effective (including the documents incorporated therein by reference) will comply as to form in all material respects with all applicable requirements of the Securities Act and the Exchange Act and will not contain anany untrue statement of a material fact or omit to state a material fact required to be stated thereintherein, or necessary to make the statements therein not misleading (and,therein, in the case of any prospectus contained in such Registration Statement, in the light of the circumstances underin which a statement is made). As soon as practicable following the date that a Registration Statement becomes effective, but in any event within two Business Days immediately following such date, the Company shall provide the Holders with notice of the effectiveness of such Registration Statement.they were made, not misleading.
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