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 (a) with respect to the
Initial initial Registration Statement required to be filed
hereunder, pursuant to Section 2(a), the
75th calendar earlier of: (a)(i) the 90th 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, and (b) with respect to any additional Registration Statements that may be required pursuant to Section 2(b), the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day 90th day following the date on which the Company first knows, or reasonably should have known, that such additional Registration Statement is so notified if required under 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. Section.
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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: (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
120th calendar Effectiveness Date under this clause... (a)(i) shall be the 135th 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 a Registration Statement required to be filed under Section 2(b), 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 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 135th 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 if such date precedes by the dates otherwise Commission that the initial Registration Statement will not be reviewed or is no longer subject to further review and comments and (c) with respect to Registration Statements required above, provided, further, if such to be filed under Section 2(c), the Demand Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day. Date.
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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 seventh 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 (a) with respect to the
Initial initial Registration Statement required to be filed
hereunder, under Section 2(a), the
75th calendar earlier of: (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; 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, or reasonably should have known, that such additional Registration Statement(s) is required, provided, that, if the Commission reviews and has written comments to the 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 120th day following the Closing Date, 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, 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, or reasonably should have known, 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, or reasonably should have known, 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 comment.
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Effectiveness Date.
Means, means: (a) with respect to the
Initial Registration Statement required to be filed
hereunder, pursuant to Section 2(a), the
75th calendar earlier of: (a)(i) the 90th 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 such 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 Effectiveness Date as to earlier of: (b)(i) the 90th day following the date on which the Company first knows, or reasonably should have known, 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, (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, or reasonably should have known, 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, or reasonably should have known, 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 additional Registration Statement will not be reviewed or is no longer subject to further review and comments; provided, that in any case above in which a reference is made to the fifth Trading Day following the date precedes on which the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day Company is notified by the Commission that any Registration Statement will not be reviewed or is not a Trading Day, then the Effectiveness Date no longer subject to further review and comments, no Event shall be deemed to 1 have occurred under Section 2(c) hereof so long as the next succeeding Trading Day. Company reasonably determines, after consultation with legal counsel, that a pre-effective amendment to the Registration Statement would be necessary or desirable to reflect additional or supplemental financial information which was not reflected in the Registration Statement as filed (including, without limitation, any information included in a Quarterly Report on Form 10-Q or other periodic or current report filed with the Commission subsequent to the original filing of the Registration Statement), so long as such amendment is filed, and the Registration Statement declared effective, by the period required in (a)(i) or (b)(i) hereof, as the case may be.
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Effectiveness Date.
Means, means: (a) with respect to the
Initial initial Registration Statement required to be filed
hereunder, to cover the
75th calendar resale by the Holders of the Initial Registrable Securities (and if the Additional Closing Date occurs prior to the 40th day following the
date hereof (or, in Closing Date, the
event of a "full review" by Additional Registrable Securities), the
Commission, earlier of: (i) 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 Borrower 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) unless previously filed pursuant to the Effectiveness Date as immediately preceding subsection, with respect to such a Registration Statement shall required to be filed to cover the resale by the Holders of the Additional Registrable Securities, the earlier of: (i) the 120th day following the Additional Closing Date, (ii) the fifth Trading Day following the date on which the Company Borrower is so notified if by the Commission that such Registration Statement will not be reviewed or is no longer subject to further review and comments and (c) with respect to any additional Registration Statements that may be required pursuant to Section 2(c) hereof, the earlier of: (i) the 120th day following the date precedes on which the dates otherwise Borrower first knows, or reasonably should have known, that such additional Registration Statement is required above, provided, further, if under such Effectiveness Date falls Section and (ii) the fifth Trading Day following the date on a day which the Borrower is notified by the Commission that such 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, with respect to the Initial Registration Statement required to be filed hereunder, the
75th 45th 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 45th calendar day following the date on which an additional Registration Statement is required to be filed
... class="diff-color-red">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.
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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 Effective Time (or, in the event of a "full review" by the Commission, the
120th 105th calendar day following the
date hereof) Effective Time) and with respect to any additional Registration Statements
which that may be required pursuant to
Section Sections 2(b) and 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); thereof); provided, however, that in the event the Company is notified by the Commission (orally or in writing) 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 (5th) 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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