Financial Information; Listing. The Company shall, at any or all times when any of the Notes, Warrants or Ordinary Shares or ADSs issuable upon conversion of the Notes or exercise of the Warrants remain outstanding, (a) timely file with the SEC, within the time periods specified in the SEC’s rules and regulations, including Rule 12b-25, all financial information and other reports required to be filed with the SEC, and any other information required to be filed with the SEC under the Exchange Act and the rules and listing requirements of NASDAQ, (b) not terminate its status as an issuer required to file reports under the Exchange Act even if the Exchange Act or the rules and regulations thereunder would otherwise permit such termination, (c) deliver to the Investor (x) copies of all such filings with the SEC within two (2) Business Days after the filing thereof with the SEC and (y) facsimile copies and overnight courier of all press releases issued by the Company on the same day as the release thereof, in each case, unless the foregoing are filed with the SEC through the Electronic Data Gathering, Analysis and Retrieval system of the SEC (“XXXXX”) or are posted on the Company’s website are immediately available to the public through XXXXX or the Company’s website, and (d) maintain the ADSs’ authorization for listing on NASDAQ and shall not, and shall cause its Subsidiaries not to, take any action which would be reasonably expected to result in the delisting or suspension from trading of the ADSs on NASDAQ.
Appears in 4 contracts
Samples: Convertible Note and Warrant Purchase Agreement, Convertible Note and Warrant Purchase Agreement, Convertible Note and Warrant Purchase Agreement (The9 LTD)
