Common use of Conditions Relating to Common Stock Clause in Contracts

Conditions Relating to Common Stock. Prior to the Closing Date, Parent Borrower has: (i) reserved for issuance a sufficient number of shares of Common Stock for payment of all interest pursuant to Section 2.5 through the Tranche B Term Loan Maturity Date with its shares transfer agent, and has provided evidence of such reserve to the Lenders; (ii) taken all corporate actions required to deliver Common Stock pursuant to Section 2.5; (iii) executed a supplemental listing application with NASDAQ or if the Common Stock is not then listed on NASDAQ, the Common Stock shall have received all approvals necessary for inclusion on such other trading market as the Common Stock may then be listed or traded; and (iv) received any other required approvals in order to issue shares of Common Stock in connection with its interest payment obligations pursuant to Section 2.5, including any requirements of NASDAQ (or other applicable trading market) and DTC.

Conditions Relating to Common Stock. Prior to the Original Closing Date, Parent Borrower has: (i) reserved for issuance a sufficient number of shares of Common Stock for payment of all interest pursuant to Section 2.5 through the Tranche B Term Loan Maturity Date with its shares transfer agent, and has provided evidence of such reserve to the Lenders; (ii) taken all corporate actions required to deliver Common Stock pursuant to Section 2.5; (iii) executed a supplemental listing application with NASDAQ or if the Common Stock is not then listed on NASDAQ, the Common Stock shall have received all approvals necessary for inclusion on such other trading market as the Common Stock may then be listed or traded; and (iv) received any other required approvals in order to issue shares of Common Stock in connection with its interest payment obligations pursuant to Section 2.5, including any requirements of NASDAQ (or other applicable trading market) and DTC.

Conditions Relating to Common Stock. Prior to the Closing Date, Parent Borrower has: (i) reserved for issuance a sufficient number of shares of Common Stock for payment of all interest pursuant to Section 2.5 through the Tranche B Term Loan Maturity Date with its shares transfer agent, and has provided evidence of such reserve to the Lenders;; 41 (ii) taken all corporate actions required to deliver Common Stock pursuant to Section 2.5; (iii) executed a supplemental listing application with NASDAQ or if the Common Stock is not then listed on NASDAQ, the Common Stock shall have received all approvals necessary for inclusion on such other trading market as the Common Stock may then be listed or traded; and (iv) received any other required approvals in order to issue shares of Common Stock in connection with its interest payment obligations pursuant to Section 2.5, including any requirements of NASDAQ (or other applicable trading market) and DTC.