Effectiveness Date. Means, with respect to the Initial Registration Statement required to be filed hereunder, the 75th calendar day following the date hereof (or, in the event of a "full review" by the Commission, the 120th calendar day following the date hereof) and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the 60th calendar day following the date on which an additional Registration Statement is required to be filed hereunder (or, in the
... event of a "full review" by the Commission, the 90th calendar day following the date such additional Registration Statement is required to be filed hereunder); provided, however, that in the event the Company is notified by the Commission that one or more of the above Registration Statements will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day.
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Effectiveness Date.
Means, means, with respect to the
Initial Registration Statement required to be filed hereunder, the
75th earlier of (a) the 150th calendar day following the
date hereof (or, in Closing Date and (b) the
event of a "full review" by the Commission, the 120th calendar day following the date hereof) and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the 60th calendar day fifth Trading Day following the date on which
an... additional Registration Statement is required to be filed hereunder (or, in the event of a "full review" by the Commission, the 90th calendar day following the date such additional Registration Statement is required to be filed hereunder); provided, however, that in the event the Company is notified by the Commission that one or more of the above Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day. comments.
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Effectiveness Date.
Means, means, with respect to the
Initial Registration Statement required to be filed
hereunder, the 75th calendar day following the date hereof (or, in the event of hereunder and subject to extension as to a
"full review" by the Commission, the 120th calendar day following the date hereof) and with respect to any additional Registration Statements which may be required Holder pursuant to Section
2(c) or Section 3(c), 3(k), the
60th calendar day following the date on which an additional... Registration Statement is required to be filed hereunder (or, in the event earlier of a "full review" by the Commission, (a) the 90th calendar day following the Closing Date, and (b) the fifth Trading Day following the date such additional Registration Statement is required to be filed hereunder); provided, however, that in the event on which the Company is notified by the Commission that one or more of the above Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day. comments.
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Effectiveness Date.
Means, means, with respect to the
Initial Registration Statement required to be filed hereunder, the
75th calendar day following the date hereof (or, in the event earlier of
a "full review" by the Commission, the 120th calendar day following the date hereof) and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the 60th calendar day following the date on which an additional Registration Statement is required to be filed... hereunder (or, in the event of a "full review" by the Commission, (a) the 90th calendar day following the date such additional Registration Statement is required to be filed hereunder); provided, however, that Closing Date (120th calendar day in the event of a full review by the Commission) and (b) the fifth Trading Day following the date on which the Company is notified by the Commission that one or more of the above Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day. comments.
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Effectiveness Date.
Means, means (a) with respect to the
Initial Registration Statement required to be filed
hereunder, under Section 2(a), the
75th calendar earlier of (i) the 150th day following the date
hereof (or, in Stockholder Approval is obtained, and (ii) the
event of a "full review" by the Commission, the 120th calendar day following the date hereof) and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the 60th calendar day fifth... Trading Day following the date on which an additional Registration Statement is required to be filed hereunder (or, in the event of a "full review" by the Commission, the 90th calendar day following the date such additional Registration Statement is required to be filed hereunder); provided, however, that in the event the Company is notified by the Commission that one or more of the above such Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, (b) with respect to a Registration Statement required to be filed under Section 2(b), the earlier of: (b)(i) the 60th day following the date on which the Company becomes eligible to utilize Form S-3 to register the resale of Common Stock; provided, that, if the Commission reviews and has written comments to such filed Registration Statement that would require the filing of a pre-effective amendment thereto with the Commission, then the Effectiveness Date as to such Registration Statement under this clause (b)(i) shall be the 90th day following the date on which the Company becomes eligible to utilize Form S-3 to register the resale of Common Stock, and (ii) the fifth Trading Day following the date on which the Company is so notified by the Commission that the Registration Statement will not be reviewed or is no longer subject to further review and comments, (c) with respect to a Registration Statement required to be filed under Section 2(c), the earlier of: (c)(i) the 90th day following the 2007 Delivery Date; provided, that, if the Commission reviews and has written comments to such date precedes filed Registration Statement that would require the dates otherwise required above, provided, further, if such Effectiveness Date falls on filing of a day that is not a Trading Day, pre-effective amendment thereto with the Commission, then the Effectiveness Date under this clause (c)(i) shall be the next succeeding 150th day following the 2007 Delivery Date, and (ii) the fifth Trading Day. Day following the date on which the Company is notified by the Commission that the Registration Statement will not be reviewed or is no longer subject to further review and comments and (d) with respect to a Registration Statement required to be filed under Section 2(d), the earlier of: (d)(i) the 90th day following the 2008 Delivery Date; provided, that, if the Commission reviews and has written comments to such filed Registration Statement that would require the filing of a pre-effective amendment thereto with the Commission, then the Effectiveness Date under this clause (d)(i) shall be the 150th day following the 2008 Delivery Date, and (ii) the fifth Trading Day following the date on which the Company is notified by the Commission that the Registration Statement will not be reviewed or is no longer subject to further review and comments.
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Effectiveness Date.
Means, means, with respect to the
Initial initial Registration Statement required to be filed hereunder, the
75th 90th (120 if the SEC reviews the Registration Statement) calendar day following the date hereof
(or, in the event of a "full review" by the Commission, the 120th calendar day following the date hereof) and and, with respect to any additional Registration Statements which may be required pursuant to Section
2(c) or Section 3(c), the
60th 90th calendar day following the date on which
... class="diff-color-red">an additional Registration Statement is required to be filed hereunder (or, in the event of a "full review" by the Commission, the 90th calendar day following the date Company first knows, or reasonably should have known, that such additional Registration Statement is required to be filed hereunder); hereunder; provided, however, that in the event the Company is notified by the Commission that one or more of the above Registration Statements will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day. above.
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Effectiveness Date.
Means, means, with respect to the
Initial initial Registration Statement required to be filed hereunder, the
75th 120th calendar day following the date hereof
(or, (the 150th calendar day in the
event case of a "full review" by the
Commission, Commission of the
120th calendar day following the date hereof) and initial Registration Statement) and, with respect to any additional Registration Statements which may be required pursuant to Section
2(c) or Section 3(c), the 60th calendar day following
... the date on which an additional Registration Statement is required to be filed hereunder (or, in the event of a "full review" by the Commission, the 90th calendar day following the date Company first knows, or reasonably should have known, that such additional Registration Statement is required to be filed hereunder); provided, however, that hereunder; PROVIDED, HOWEVER, in the event the Company is notified by the Commission that one or more of the above Registration Statements will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth sixth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day. above.
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Effectiveness Date.
Means, means, with respect to the
Initial Registration Statement
------------------ required to be filed hereunder, the
75th calendar day following the date hereof (or, in the event earlier of
a "full review" by the Commission, (a) the 120th calendar day following the date
hereof) of the Purchase Agreement, and
with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), (b) the
60th calendar day fifth Trading Day following the date on
... which an additional Registration Statement is required to be filed hereunder (or, in the event of a "full review" by the Commission, the 90th calendar day following the date such additional Registration Statement is required to be filed hereunder); provided, however, that in the event the Company is notified by the Commission that one or more of the above Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day. comments.
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Effectiveness Date.
Means, means, with respect to the Initial Registration Statement required to be filed hereunder, the
75th 30th calendar day following the
date hereof Filing Date (or, in the event of a
"full review" limited or full review by the Commission, the
120th 60th calendar day following the
date hereof) Filing Date) and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the
60th 30th calendar day following the date on which an
... additional Registration Statement is required to be filed hereunder (or, in the event of a "full review" limited or full review by the Commission, the 90th 60th calendar day following the date such additional Registration Statement is required to be filed hereunder); provided, however, that in the event the Company is notified by the Commission that one or more of the above Registration Statements will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day.
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Effectiveness Date.
Means, means, with respect to
the Initial any Registration Statement required to be filed hereunder, the
75th 30th calendar day following the date
hereof on which such Registration Statement is required to be filed pursuant to this Agreement (or, in the event of a "full review" by the
Commission, the 120th calendar day following the date hereof) and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), SEC, the 60th calendar day
... following the date on which an additional such Registration Statement is required to be filed hereunder (or, in the event of a "full review" by the Commission, the 90th calendar day following the date such additional Registration Statement is required pursuant to be filed hereunder); this Agreement); provided, however, that in the event the Company is notified by the Commission SEC that one or more of the above any Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Business Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Business Day, then the Effectiveness Date shall be the next succeeding Trading Business Day.
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Effectiveness Date.
Means, with respect to the Initial Registration Statement required to be filed hereunder, the 75th calendar day following the date hereof (or, in the event of a "full review" by the Commission, the 120th calendar day following the date hereof) and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the 60th calendar day following the date on which an additional Registration Statement is required to be filed hereunder (or, in the... event of a "full review" by the Commission, the 90th calendar day following the date such additional Registration Statement is required to be filed hereunder); provided, however, that in the event means, when the Company is notified by the Commission that one or more of the above Registration Statements will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, notified, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day.
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