Common use of Board Composition and Board Designations Clause in Contracts

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, of the OTC Bulletin Board or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Selway Capital Acquisition Corp.), Underwriting Agreement (Selway Capital Acquisition Corp.), Underwriting Agreement (Selway Capital Acquisition Corp.)

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Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board NYSE, the NYSE MKT, NASDAQ or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Karat Packaging Inc.), Underwriting Agreement (Eton Pharmaceuticals, Inc.), Underwriting Agreement (Atomera Inc)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board AMEX, NASDAQ or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Skystar Bio-Pharmaceutical Co), Underwriting Agreement (Skystar Bio-Pharmaceutical Co), 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 and the overall composition of the board comply with the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board NYSE, the NYSE MKT, NASDAQ or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Movano Inc.), Underwriting Agreement (Movano Inc.), Underwriting Agreement (TFF Pharmaceuticals, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board NYSE, the NYSE American, NASDAQ or any other national securities exchange 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 board of directors qualifies as a an audit committee financial expert” as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Journey Medical Corp), Underwriting Agreement (Journey Medical Corp)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the Sxxxxxxx-Xxxxx Act of 2002 SOX and the rules promulgated thereunder and with the requirements, if any, listing requirements of NASDAQ (including compliance in accordance with any phase-in period as a result of the OTC Bulletin Board Offering) or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 SOX and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (WhiteSmoke, Inc.), Underwriting Agreement (WhiteSmoke, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the applicable provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board NASDAQ or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Selling Agent Agreement (Alliance MMA, Inc.), Selling Agent Agreement (Alliance MMA, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board NYSE Amex, NASDAQ or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (China Education, Inc), Underwriting Agreement (China Education, Inc)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirementslisting requirements of , if any, of the OTC Bulletin Board NASDAQ Global Market or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (On Track Innovations LTD)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the SxxxxxxxSarbaxxx-Xxxxx Act Xxx of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board NYSE, the NYSE MKT, NASDAQ or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the SxxxxxxxSarbaxxx-Xxxxx Act Xxx of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Aqua Metals, Inc.)

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Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board NYSE, the NYSE MKT, NASDAQ or any other national securities exchange 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 board of directors qualifies as a “an "audit committee financial expert" as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Cognition Therapeutics Inc)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board NASDAQ Capital Market or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Lihua International Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board Amex, NASDAQ or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: 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 and the overall composition of the board comply with the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing requirements of the OTC Bulletin Board NYSE Amex, NASDAQ or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the Sxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (China Education Alliance 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 SxxxxxxxXxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirements, if any, listing rules of the OTC Bulletin Board Nasdaq Stock Market LLC or any other national securities exchange or national securities associationexchange, 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 board Audit Committee of directors the Board of Directors qualifies as a “financial expert,” as such term is defined under the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunderthereunder and the listing rules of the Nasdaq Stock Market LLC.

Appears in 1 contract

Samples: Underwriting Agreement (U.S. Rare Earths, Inc)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the board comply with the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the requirementslisting requirements of, if any, of the OTC Bulletin Board NYSE Amex or any other national securities exchange 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 board of directors qualifies as a “financial expert” as such term is defined under the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Hyperdynamics Corp)

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