Registrable Securities

Registrable Securities. Shall mean the shares of Common Stock and Common Stock underlying Common Stock Equivalents held by the Purchasers as of the date hereof, including, without limitation, those issuable (i) upon conversion of the Notes, (ii) upon the exercise of the Warrants, and (iii) pursuant to the provisions of Sections 2(a) and 2(c) below, and any other securities issued or issuable with respect to or in exchange for Registrable Securities; provided, that, a security shall cease to be a Registrable Security... upon a sale pursuant to a Registration Statement or Rule 144 under the 1933 Act. View More

Registrable Securities. The Notes, until such Notes have been converted into the Underlying Common Stock, and, at all times, the Underlying Common Stock and any securities into or for which such Underlying Common Stock has been converted or exchanged, and any security issued with respect thereto upon any stock dividend, split or similar event (each of the foregoing, a 'Covered Security') until, in the case of any such security, the earliest of: (i) the date on which such security has been effectively registered under... the Securities Act and disposed of in accordance with the Registration Statement relating thereto; (ii) the date on which such security may be resold without restriction pursuant to Rule 144(k) or any successor provision thereto; (iii) the date on which such security has been publicly sold pursuant to Rule 144 or any successor provision thereto; and (iv) the date that is two (2) years after the later of the Issue Date and the latest 'additional time of purchase' (as defined in the Purchase Agreement) View More

Registrable Securities. Means all of (i) the Initial Shares, (ii) the Over-Allotment Shares, (iii) the Dalea Shares and (iv) any Common Shares issued or issuable upon any stock split, dividend or other distribution, recapitalization or similar event with respect to the Common Shares; provided, however, that the Common Shares shall cease to be Registrable Securities hereunder when such shares could be sold by a non-Affiliate of the Company under Rule 144 without application of Paragraph (c)(1) of such Rule

Registrable Securities. Means all of (i) the Initial Shares, (ii) the Over-Allotment Shares, (iii) the Dalea Shares and (iv) any Common Shares issued or issuable upon any stock split, dividend or other distribution, recapitalization or similar event with respect to the Common Shares; provided, however, that the Common Shares shall cease to be Registrable Securities hereunder when such shares could be sold by a non-Affiliate of the Company under Rule 144 without limitation or condition. For the avoidance of doubt,... under the provisions of Rule 144 as currently in effect on the date hereof, the parties agree that the Registrable Securities would cease to be Registrable Securities hereunder on the one year anniversary of the date of this Agreement View More

Registrable Securities. The Warrant Shares and any shares of Common Stock issued or issuable as a dividend on or in exchange for or otherwise with respect to any of the Warrant Shares, provided, that any shares of Common Stock which have been sold pursuant to a Registration Statement or which may be sold without registration or restriction (including volume limitations) shall cease to be Registrable Securities hereunder

Registrable Securities. (A) the Purchased Shares (as defined in the Purchase Agreement) issued pursuant to the Purchase Agreement (including any shares of Common Stock issuable pursuant to Section 4.15 of the Purchase Agreement), (B) the Warrant Shares (as defined in the Purchase Agreement) issued or issuable (up to the maximum number of Warrant Shares issuable pursuant to the Warrants) upon exercise of or otherwise pursuant to the Warrants and (C) any shares of capital stock issued or issuable as a dividend on or in... exchange for or otherwise with respect to any of the foregoing; provided, however, that the foregoing definition shall include in all cases any Registrable Securities sold in a transaction in which the rights under this Agreement are not assigned View More

Registrable Securities. (i) any shares of Common Stock subject of the Lock Up, and (ii) any securities issued or issuable upon any stock split, dividend or other distribution, recapitalization or similar event, or any exercise price adjustment with respect to any of the securities referenced in (i) or (ii) above

Registrable Securities. (i) the Common Shares, (ii) the Warrant Shares, and (iii) all securities issued as a dividend on, or other distribution with respect to, or in exchange or in replacement of, the Common Shares or the Warrant Shares; provided, however, that any such securities shall cease to be Registrable Securities when they (a) have been registered pursuant to an effective registration statement under the Securities Act and sold in a manner contemplated by the Shelf Registration Statement, (b) have been... transferred in compliance with Rule 144 under the Securities Act (or any successor provision thereto), (c) are transferable pursuant to paragraph (k) of such Rule 144 (or any successor provision thereto) and the Company shall have issued certificates with respect to such securities not bearing a restrictive legend and shall have removed any stop transfer order with respect to such securities, or (d) have otherwise been transferred and new securities not subject to transfer restrictions under the Securities Act have been delivered by or on behalf of the Company View More

Registrable Securities. Means (i) the Conversion Shares issued or issuable upon conversion of the Preferred Shares, (ii) the Warrant Shares issued or issuable upon exercise of the Warrants, and (iii) any shares of Common Stock issued or issuable with respect to the Conversion Shares, the Preferred Shares, the Warrant Shares and the Warrants as a result of any stock split, stock dividend, recapitalization, exchange or similar event or otherwise, without regard to any limitations on conversions of the Preferred Shares... or exercises of the Warrants. Notwithstanding the foregoing, Registrable Securities shall not mean securities sold by an Investor to the public either pursuant to a Registration Statement or pursuant to Rule 144 under the Securities Act of 1933, as amended, and the rules and regulations thereunder, or any similar successor statute (collectively, the "1933 ACT") or securities eligible for sale pursuant to Rule 144(k). View More

Registrable Securities. Means each Note (and the related Guarantee) of any series, each Exchange Note (and the related Guarantee) as to which Section 2(c)(ii)(D) hereof is applicable and each Private Exchange Note (and the related Guarantee), until the earliest to occur of (a) a Registration Statement (other than, with respect to any Exchange Note as to which Section 2(c)(ii)(D) hereof is applicable, the Exchange Registration Statement) covering such Note, Exchange Note or Private Exchange Note (and, in each case, the... related Guarantee), as the case may be, has been declared effective by the Commission and such Note, Exchange Note or Private Exchange Note (and, in each case, the related Guarantee), as the case may be, has been disposed of in accordance with such effective Registration Statement, (b) such Note, Exchange Note or Private Exchange Note, as the case may be, is sold in compliance with Rule 144, or is saleable pursuant to Rule 144(k), (c) such Note has been exchanged for an Exchange Note pursuant to an Exchange Offer and is entitled to be resold without complying with the prospectus delivery requirements of the Securities Act and (d) such Note, Exchange Note or Private Exchange Note (and, in each case, the related Guarantee), as the case may be, ceases to be outstanding for purposes of the Indenture View More