Compliance with NASDAQ Listing Requirements. The Company is in compliance in all material respects with all currently effective NASDAQ continued listing requirements and corporate governance requirements.
Compliance with NASDAQ Listing Requirements. The Company is in compliance in all material respects with all currently effective NASDAQ continued listing requirements and corporate governance requirements as applied to the Company except for the draft notice filed under the NASDAQ Marketplace Rule 4310, which is not in strict compliance with the notice period requirements under Rule 4310. The Company’s Class A Common Stock is registered pursuant to Section 12(g) of the Exchange Act and is listed on NASDAQ, trading in the Class A Common Stock has not been suspended, and the Company has taken no action designed to terminate, or likely to have the effect of terminating, the registration of the Class A Common Stock under the Exchange Act or de-listing the Class A Common Stock from NASDAQ.
Compliance with NASDAQ Listing Requirements. The Company is in compliance in all material respects with all currently effective NASDAQ continued listing requirements and corporate governance requirements. The Company’s Common Stock is registered pursuant to Section 12(g) of the Exchange Act and is listed on The NASDAQ Stock Market, Inc. Capital Market (the “NASDAQ Capital Market”), trading in the Common Stock has not been suspended, and the Company has taken no action designed to, or likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act or de-listing the Common Stock from the NASDAQ Capital Market, nor to the Company’s knowledge is the National Association of Securities Dealers, Inc. (“NASD”) currently contemplating terminating such listing. The Company and the Common Stock meet the criteria for continued listing and trading on the NASDAQ Capital Market.
Compliance with NASDAQ Listing Requirements. The Company is in full compliance with all listing requirements applicable to companies listed on the Nasdaq National Market, and (other than with respect to the decline in the market price for or the market value of the public float of the Company Common Stock) has no reason to believe that it will for any reason cease to be in full compliance with such requirements at any time (or for any period) prior to the Effective Time. The Company has provided to Parent true and correct copies of all correspondence and other documents relating to the proposed delisting by the Nasdaq National Market of the Company Common Stock.
Compliance with NASDAQ Listing Requirements. Buyer is currently eligible to register the resale of its common stock on a registration statement on Form S-3 under the Securities Act. Buyer is in compliance with all applicable Nasdaq National Market continued listing requirements. There are no proceedings pending or, to Buyer's Knowledge, threatened against Buyer relating to the continued listing of Buyer's common stock on the Nasdaq National Market, and Buyer has not received any notice of, nor to the Knowledge of Buyer is there any basis for, the delisting of Buyer's common stock from the Nasdaq National Market.
Compliance with NASDAQ Listing Requirements. The Company is and has at all times since the date of the closing of its initial public offering been in full compliance with all listing requirements applicable to companies listed on the Nasdaq National Market, and (other than with respect to the possible effect of any decline in the market price for the Company Common Stock) has no reason to believe that it will for any reason cease to be in full compliance with such requirements at any time (or for any period) prior to the Effective Time.
Compliance with NASDAQ Listing Requirements. The Company is in compliance in all material respects with all currently effective Nasdaq continued listing requirements and corporate governance requirements. The Company's Common Stock is registered pursuant to Section 12(g) of the Exchange Act and is listed on The Nasdaq Stock Market, Inc. SmallCap Market (the "NASDAQ SMALLCAP MARKET"), trading in the Common Stock has not been suspended, and the Company has taken no action designed to, or likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act or de-listing the Common Stock from the Nasdaq SmallCap Market, nor to the Company's knowledge is the National Association of Securities Dealers, Inc. ("NASD") currently contemplating terminating such listing. The Company and the Common Stock meet the criteria for continued listing and trading on the Nasdaq SmallCap Market.
Compliance with NASDAQ Listing Requirements. Promptly following the Closing Date, FlameMaster and the Members shall jointly submit an original listing application with The Nasdaq Stock Market to list the shares of FlameMaster Common Stock for trading on the Nasdaq SmallCap Market following consummation of the FAC Stock Dividend (the "NASDAQ LISTING APPLICATION"). In addition, the Parties shall promptly and fully respond to all comments and requests for additional information as may be received from the Nasdaq Stock Market. The Parties shall use their collective best efforts to obtain on or before May 31, 2005 (unless such date shall be extended by mutual consent of FlameMaster and the Investor Group Representative) a letter or other written authorization from The Nasdaq Stock Market agreeing to the continued listing of the shares of FlameMaster Common Stock for trading on the Nasdaq SmallCap Market following consummation of such FAC Stock Dividend (the "NASDAQ LISTING APPROVAL"). Notwithstanding anything to the contrary, express or implied, contained in this Exchange Agreement or in any Exhibit hereto, in the event that Nasdaq Listing Approval shall not be obtained by May 31, 2005 (unless such date shall be extended by mutual consent of FlameMaster and the Investor Group Representative), FlameMaster shall promptly: (i) withdraw the Nasdaq Listing Application, (ii) consummate the FAC Stock Dividend, and (iii) apply to list shares of FlameMaster Common Stock for trading on the NASD OTC-Bulletin Board or another national securities exchange.
Compliance with NASDAQ Listing Requirements. The Company is in compliance in all material respects with all currently effective NASDAQ continued listing requirements and corporate governance requirements as applied to the Company. The Company’s Common Stock is registered pursuant to Section 12(b) of the Exchange Act and is listed on NASDAQ, trading in the Common Stock has not been suspended, and the Company has taken no action designed to terminate, or likely to have the effect of terminating, the registration of the Common Stock under the Exchange Act or delisting the Common Stock from NASDAQ.
Compliance with NASDAQ Listing Requirements. The Company is in compliance in all material respects with all currently effective continued listing requirements of the Nasdaq National Market.
