AUTHORIZATION FOR TRADING; REPORTING STATUS. On or before the Closing Date, the Company shall file a notification for listing of additional shares with the Nasdaq relating to the Common Shares and shall provide evidence of such filing to the Buyer. So long as the Buyer beneficially owns any of the Preferred Shares, the Dividend Shares, the Warrants or the Common Shares, the Company shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
AUTHORIZATION FOR TRADING; REPORTING STATUS. On or before the date that is 30 days after the Closing Date, but in any event before the effective date of the Registration Statement (as defined in the Registration Rights Agreement), the Company shall file a listing application for the Common Shares with the Nasdaq or, if the Common Stock is then listed on the NNM, then the NNM, and shall provide evidence of such filing to the Buyer. From the Closing Date until such time as the Registration Statement is no longer required to be in effect, the Company shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
AUTHORIZATION FOR TRADING; REPORTING STATUS. On or before the Closing Date, the Company shall file a notification for listing of additional shares with the Nasdaq relating to the Shares and shall provide evidence of such filing to the Buyer. So long as the Buyer beneficially owns any of the Shares or the Warrants, the Company shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
AUTHORIZATION FOR TRADING; REPORTING STATUS. Within two Business Days after the Closing Date, the Company shall file a notification for listing of additional shares with the Nasdaq relating to the Shares and on or prior to such date shall provide evidence of such filing to the Buyer. So long as the Buyer owns any of the Shares, the Repricing Rights or the Warrants, the Company shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination. .c.(f)
AUTHORIZATION FOR TRADING; REPORTING STATUS. On or before the Closing Date, the Company shall file a notification for listing of additional shares with the Nasdaq relating to the Common Shares and shall provide evidence of such filing to the Buyer. So long as the Buyer beneficially owns any of the Preferred Shares, the Warrants or the Common Shares, the Company shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act and, except for a sale of the Company, merger or other business combination effected in accordance with the Certificate of Designations and the Warrants, the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
AUTHORIZATION FOR TRADING; REPORTING STATUS. On or before the Closing Date, the Company shall, if required, file a notification for listing of additional shares with the Nasdaq relating to the Shares and shall provide evidence of such filing to the Buyer. So long as the Buyer beneficially owns any of the Shares or the Warrants, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to Section 13(a) or 15(d) of the Exchange Act; provided, however, that if the Company is not required to file reports pursuant to such sections, it will prepare and furnish to the Purchasers and make publicly available in accordance with Rule 144(c) promulgated under the Securities Act such information as is required for the Purchasers to sell the Securities under Rule 144 promulgated under the Securities Act.
AUTHORIZATION FOR TRADING; REPORTING STATUS. On or before the date that is 30 days after the Closing Date, but in any event before the effective date of the Registration Statement (as defined in the Registration Rights Agreements), the Company shall file a listing application for the Common Shares with the Nasdaq and shall provide evidence of such filing to each Buyer. From the Closing Date until such time as the Registration Statement is no longer required to be in effect, the Company shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
AUTHORIZATION FOR TRADING; REPORTING STATUS. Intercardia shall cause the Intercardia Common Stock to be authorized for trading on the Nasdaq National Market at such time as it shall be required to file any additional listing application and shall file such additional listing application or other reports required in connection with such authorization on a timely basis. Intercardia shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the Exchange Act, and Intercardia shall not terminate its status as an issuer required to file reports under the Exchange Act even if the Exchange Act or the rules and regulations thereunder would permit such termination. Intercardia shall use its best efforts to maintain, authorize and reserve a sufficient number of shares of authorized Intercardia Common Stock for issuance in the First Installment, the Second Installment and the Third Installment, including, if necessary, amending its Certificate of Incorporation.
AUTHORIZATION FOR TRADING; REPORTING STATUS. Within two Business Days after the Closing Date under the Note Purchase Agreements, Aura shall file a notification for listing of additional shares with the Nasdaq relating to the Aura Repricing Shares and on or prior to such date shall provide evidence of such filing to the Original Holders. So long as the Original Holders own any of the Aura Repricing Shares or the Repricing Rights, Aura shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act and Aura shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
AUTHORIZATION FOR TRADING; REPORTING STATUS. Prior to the Closing Date, the Company shall file a notification for listing of additional shares with Nasdaq and shall provide evidence of such filing to the Buyer. So long as the Buyer beneficially owns any of the Preferred Shares, Conversion Shares, Common Shares or the Warrant, the Company shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act on a timely basis and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
