You forgot to mention the other "OR" (item ii) which is Rule 144.
This allows an attorney whose registered w/the SEC to draft an opinion letter once all applicable provisions to remove the legend have been met. i.e. 12-month holding period; Non-director, non-insider, compliant 13-D or -G registrant holding the cert; etc.
Even when the company has filed their Form 10 and have become registered w/the SEC, anyone holding a restricted cert would still need to seek an attorney's opinion on having their legend(s) removed.
Believe me; been there, done that.