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 90th calendar day following the
date hereof Closing Date (or, in the event of a "full review" by the Commission, the 120th calendar day following the
date hereof) Closing Date) 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 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); 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 Registration Statement required to be filed hereunder, the
75th 120th calendar day following the date hereof (or, in the event of a "full review" by the Commission, the
120th 150th 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 120th 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); 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 (a) with respect to the
Initial initial Registration Statement required to be filed
hereunder, under Section 2(a), the
75th calendar earlier of: (a)(i) the 90th day following the
date hereof (or, in Closing Date; provided, that, if the
event Commission reviews and has written comments to the filed Registration Statement that would require the filing of a
"full review" by pre-effective amendment thereto with the Commission,
then the Effectiveness Date under this clause (a)(i) shall... be the 120th calendar day following the date hereof) Closing Date, and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), (ii) 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 initial Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, and (b) with respect to any additional Registration Statements that may be required pursuant to Section 2(b), the earlier of (i) the 90th day following (x) if such Registration Statement is required because the Commission shall have notified the Company in writing that certain Registrable Securities were not eligible for inclusion on a previously filed Registration Statement, the date or time on which the Commission shall indicate as being the first date or time that such Registrable Securities may then be included in a Registration Statement, or (y) if such Registration Statement is required for a reason other than as described in (x) above, the date on which the Company first knows that such additional Registration Statement(s) is required; 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 under this clause (b)(i) shall be the 120th day following the date that the Company first knows that such additional Registration Statement shall be is required under such Section and (ii) the fifth Trading Day following the date on which the Company is so notified if by the Commission that such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that additional Registration Statement will not be reviewed or is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day. no longer subject to further review and comments.
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Effectiveness Date.
Means, means (a) with respect to the
Initial initial Registration Statement required to be filed
hereunder, pursuant to Section 2(a), the
75th calendar earlier of: (i) the 135th day following the
date hereof (or, in Closing Date 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 initial Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, comments; (b) with respect to any additional Registration Statements required to be filed pursuant to Section 2(a), the Effectiveness earlier of: (i) the 120th day following the applicable Filing Date as to for such additional Registration Statement shall be Statement(s) and (ii) the fifth Trading Day following the date on which the Company is so notified by the Commission that such additional Registration Statement(s) will not be reviewed or is no longer subject to further review; (c) with respect to any additional Registration Statements required to be filed solely due to SEC Restricti ons, the earlier of: (i) the 120th day following the applicable Restriction Termination Date and (ii) the fifth Trading Day following the date on which the Company is notified by the Commission that such Registration Statement will not be reviewed or is no longer subject to further review and comments; (d) with respect to a Registration Statement required to be filed under Section 2(c), the earlier of: (i) the 90th 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 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 (d)(i) shall be the next succeeding 120th 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. 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; (e) with respect to a Registration Statement required to be filed under Section 2(d), the earlier of: (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 (e)(i) shall be the 135th 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 and (f) with respect to a Registration Statement required to be filed under Section 2(e), the earlier of: (i) the 90th day following the 2009 Delivery Date; provide d, 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 (f)(i) shall be the 135th day following the 2009 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 Registration Statement required to be filed hereunder, the
75th 90th 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) 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 90th 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); 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 Registration
Statement required to be filed hereunder, Statement, the
75th earlier of (a) the 115th calendar day following the date
hereof (or, in of the
event of a "full review" by Commitment Letter, and (b) 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 Initial Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, and, with respect to any other Required Registration Statement, the Effectiveness Date as to earlier of (x) the 105th calendar day following the date of filing of such Registration Statement shall be and (y) the fifth Trading Day following the date on which the Company is so notified if by the Commission that such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that Registration Statement will not be reviewed or is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day. no longer subject to further review and comments.
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Effectiveness Date.
Means, means (a) with respect to the
Initial initial Registration Statement required to be filed
hereunder, pursuant to Section 2(a), the
75th calendar earlier of: (i) the 220th day following the
date hereof (or, in Closing Date 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 initial Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, comments; (b) with respect to any additional Registration Statements required to be filed pursuant to Section 2(a), the Effectiveness earlier of: (i) the 90th day following the applicable Filing Date as to for such addition al Registration Statement shall be Statement(s) and (ii) the fifth Trading Day following the date on which the Company is so notified by the Commission that such additional Registration Statement(s) will not be reviewed or is no longer subject to further review; (c) with respect to any additional Registration Statements required to be filed solely due to SEC Restrictions, the earlier of: (i) the 90th day following the applicable Restriction Termination Date and (ii) the fifth Trading Day following the date on which the Company is notified by the Commission that such Registration Statement will not be reviewed or is no longer subject to further review and comments; (d) with respect to a Registration Statement required to be filed under Section 2(c), the earlier of: (i) the 60th day following the date on which the Company becomes eligible to utilize Form S-3 to regi ster the resale of Common Stock; 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 (d)(i) shall be the next succeeding 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. 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; (e) with respect to a Registration Statement required to be filed under Section 2(d), the earlier of: (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 (e)(i) shall be the 120th day following the 2010 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 and (f) with respect to a Registration Statement required to be filed under Section 2(e), the earlier of: (i) the 90th day following the 2011 Delivery Date; provided, that, if the Commission reviews and has written comments to such filed Regist ration Statement that would require the filing of a pre-effective amendment thereto with the Commission, then the Effectiveness Date under this clause (f)(i) shall be the 120th day following the 2011 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 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 of the Purchase Agreement (which shall be extended to be filed hereunder); provided, however, that 120 days 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 initial Registration Statement required to be filed
hereunder, under Section 2(a), the
75th calendar earlier of: (a)(i) the 90th day following the
date hereof (or, in Closing Date; provided, that, if the
event Commission reviews and has written comments to the filed Registration Statement that would require the filing of a
"full review" by pre-effective amendment thereto with the Commission,
then the Effectiveness Date under this clause (a)(i) shall... be the 120th calendar day following the date hereof) Closing Date, and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), (ii) 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 initial Registration Statements Statement will not be reviewed or is no longer subject to further review and comments, comments; (b) with respect to any additional Registration Statements that may be required pursuant to Section 2(b), the earlier of (i) the 90th day following (x) if such Registration Statement is required because the Commission shall have notified the Company in writing that certain Registrable Securities were not eligible for inclusion on a previously filed Registration Statement, the date or time on which the Commission shall indicate as being the first date or time that such Registrable Securities may then be included in a Registration Statement, or (y) if such Registration Statement is required for a reason other than as described in (x) above, the date on which the Company first knows, or reasonably should have known, that such additional Registration Statement(s) is required; provided, that, if the Commission reviews and has written comments to a Registration Statement filed under Section 2(b) that would require the filing of a pre-effective amendment thereto with the Commission, then the Effectiveness Date as to under this clause (b)(i) for such Registration Statement shall be the 120th day following the date that the Company first knows, or reasonably should have known, that such additional Registration Statement is required under such Section, and (ii) the fifth Trading Day following the date on which the Company is so notified by the Commission that such additional Registration Statement will not be reviewed or is no longer subject to further review and comments; and (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 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 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 120th 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. Day following the date on which the Company is notified by the Commission that the initial 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 Registration Statement required to be filed hereunder, the
75th earlier of (a) the 110th 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 second 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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