Common use of Continued Listing Clause in Contracts

Continued Listing. NaviSite will comply with the continued listing requirements of the Nasdaq Marketplace Rules and will take no action designed to, or which to its knowledge is likely to have the effect of, terminating the registration of its common stock under the Exchange Act of 1934 or delisting the common stock from the Nasdaq SmallCap Market (unless it obtains a listing or quotation of its common stock on the Nasdaq National Market or the American Stock Exchange).