Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as members of the Board of Directors and the overall composition of the Board comply with the Xxxxxxxx-Xxxxx Act and with the listing rules of the NasdaqCM or any other national securities exchange, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee of the Board of Directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCM.
Appears in 13 contracts
Samples: Underwriting Agreement (Stemline Therapeutics Inc), Underwriting Agreement (Professional Diversity Network, LLC), Underwriting Agreement (Kips Bay Medical, Inc.)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities Shares listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 7 contracts
Samples: Selling Agent Agreement (AzurRx BioPharma, Inc.), Selling Agent Agreement (AzurRx BioPharma, Inc.), Underwriting Agreement (Cue Biopharma, Inc.)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 6 contracts
Samples: Underwriting Agreement (China Shandong Industries, Inc.), Underwriting Agreement (China Shandong Industries, Inc.), Underwriting Agreement (China Shandong Industries, Inc.)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Pulse Biosciences, Inc.), Underwriting Agreement (Pulse Biosciences, Inc.), Underwriting Agreement (Resonant Inc)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Long Island Iced Tea Corp.), Selling Agent Agreement (Long Island Iced Tea Corp.), Selling Agent Agreement (Long Island Iced Tea Corp.)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM Nasdaq or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 4 contracts
Samples: Underwriting Agreement (Ideal Power Inc.), Underwriting Agreement (Ideal Power Inc.), Underwriting Agreement (Ideal Power Inc.)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM Nasdaq or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 4 contracts
Samples: Underwriting Agreement (Peak Resorts Inc), Underwriting Agreement (Peak Resorts Inc), Underwriting Agreement (Peak Resorts Inc)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Zheng Hui Industry Corp.), Underwriting Agreement (China Shandong Industries, Inc.), Underwriting Agreement (Cutanea Life Sciences Inc)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules of the NasdaqCM requirements of, NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Ventrus Biosciences Inc), Underwriting Agreement (Ventrus Biosciences Inc), Underwriting Agreement (SMG Indium Resources Ltd.)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM Nasdaq or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Energous Corp), Underwriting Agreement (Clearsign Combustion Corp)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM , NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Kingold Jewelry, Inc.), Underwriting Agreement (Skystar Bio-Pharmaceutical Co)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM , NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Cavico Corp)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM Nasdaq or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Sunity Online Entertainment LTD)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSaxxxxxx-Xxxxx Act Xct of 2002 and the rules promulgated thereunder and with the listing rules of the NasdaqCM requirements of, NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSaxxxxxx-Xxxxx Act Xct of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as members of the Board of Directors and the overall composition of the Board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act and with the listing rules of the NasdaqCM or any other national securities exchange, as the case may be, in the event the Company seeks to have its Public Securities Common Stock listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee of the Board of Directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCM.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as members of the Board of Directors and the overall composition of the Board comply with the Xxxxxxxx-Xxxxx Act and with the listing rules of the NasdaqCM NYSE MKT or any other national securities exchange, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee of the Board of Directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and as “financially sophisticated” as defined under the listing rules of the NasdaqCMNYSE MKT.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities Firm Shares listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ Capital Market or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Cavico Corp)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities Common Stock listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Uni-Pixel)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as members of the Board of Directors and the overall composition of the Board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act and with the listing rules of the NasdaqCM or any other national securities exchange, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee of the Board of Directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCM.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM AMEX or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as members of the Board of Directors and the overall composition of the Board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act and with the listing rules of the NasdaqCM or any other national securities exchange, as the case may be, in the event the Company seeks to have any of its Public Securities securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee of the Board of Directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCM.
Appears in 1 contract
Samples: Underwriting Agreement (Northwest Biotherapeutics Inc)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSarxxxxx-Xxxxx Act Xxt of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSarxxxxx-Xxxxx Act Xxt of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Second Sight Medical Products Inc)
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities Shares listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as members of the Board of Directors and the overall composition of the Board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act and with the listing rules of the NasdaqCM NYSE MKT or any other national securities exchange, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee of the Board of Directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and as “financially sophisticated” as defined under the listing rules of the NasdaqCMNYSE MKT.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM Nasdaq or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities Shares listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSaxxxxxx-Xxxxx Act Xct of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities Shares listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSaxxxxxx-Xxxxx Act Xct of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules requirements of the NasdaqCM NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities Firm Shares listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board board comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing rules of the NasdaqCM requirements of, NASDAQ or any other national securities exchangeexchange or national securities association, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee board of the Board of Directors directors qualifies as a “financial expert,” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the listing rules of the NasdaqCMpromulgated thereunder.
Appears in 1 contract
