This excerpt taken from the TPTX 8-K filed Dec 18, 2009.
DTC”). The Warrants shall be made in certificate form by physical delivery.
3. Representations and Warranties of the Company. The Company represents and warrants to, and covenants with, the Placement Agent as follows:
(a) Compliance with Registration Requirements. The Company meets the requirements for use of Form S-3 and a registration statement on Form S-3 (Registration No. 333-162374) relating to the Securities which was declared effective on November 5, 2009 (the “