Listed Shares. (a) As of the Closing Date, there shall be Outstanding [_________] Listed Shares, and, in the event that the Underwriters exercise their option to purchase additional Listed Shares pursuant to the Underwriting Agreement, there shall be Outstanding up to [_________] Listed Shares. The Listed Shares shall initially be listed on a National Securities Exchange. The designations, preferences and relative, participating, optional or other special rights, powers and duties relating to the Listed Shares are as set forth in this Section 4.3. Each Listed Share shall be identical in every respect with each other Listed Share.
(b) The Record Holders of Listed Shares, in their capacity as such, shall not be entitled to vote except that each Record Holder of Listed Shares shall be entitled to one vote per Listed Share on any matter submitted by the Company to the Record Holders of Listed Shares pursuant to Subsections 4.3(c) or (d) or Article 9 of this Agreement, Section 6 of the Exchange Provisions or Section 8 of the Purchase Provisions, subject to Subsection 4.3(e).
(c) The Partnership Agreement provides that, except with respect to certain matters, including certain amendments to the Partnership Agreement, the transfer of all, but not less than all, of the Partnership Interest (as defined in the Partnership Agreement) of the general partner of KMEP, the withdrawal of the general partner of KMEP and the treatment of KMEP as an association taxable as a corporation or other entity for federal income tax purposes, the I-Units, Class B Units and Common Units are entitled to vote together as a single class, and each I-Unit is entitled to one vote. The Company or the Board of Directors shall submit to the vote of the Record Holders of Listed Shares entitled to vote any matter on which the Company is entitled to vote as a record holder of I-Units in order to ascertain the manner in which such I-Units shall be voted. For each Listed Share or fraction thereof that has been voted "for" the matter presented to Record Holders of Listed Shares entitled to vote thereon, the Company shall vote one I-Unit or an equivalent fraction "for" such corresponding matter when presented to the record holder of I-Units, such that the number of Listed Shares voted "for" such matter presented to the Record Holders of Listed Shares, in addition to the number of Voting Shares voted "for" such matter presented to the Record Holders of Voting Shares pursuant to Subsection 4.2(d), shall equal the num...
Listed Shares. Upon the expiration of the Target Years, the Listed Company shall grant the Listed Shares to the Seller. The number of the Listed Shares shall be determined by dividing the proportion of the Final Aggregate Purchase Price payable in the form of Listed Shares by the average closing price per share of the Listed Company during the 30 trading days prior to April 31, 2027 (the exchange rate shall be determined based on the RMB to US dollars central parity rate published by the Bank of China on the last working day prior to the such grant). The Listed Shares shall be subject to a lock-up period of three (3) years from the grant date and shall be released annually in three (3) instalments, in which ***%, ***% and ***% of the Listed Shares shall be released upon the first, second and third anniversary of such grant.
Listed Shares. The Common Stock is registered pursuant to Section 12(g) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and are approved for quotation on The Nasdaq National Market (the "NNM"). 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 delisting the Common Stock from the NNM.
Listed Shares. The shares of Common Stock to be issued at the Initial Closing shall have been approved for listing on the Nasdaq Global Market (or principal other national securities exchange on which the Common Stock is then listed if the Company’s Common Stock has ceased to be listed on the Nasdaq Global Market but is listed on another national securities exchange) and such approval shall be ongoing, and not revoked or withdrawn.
Listed Shares. Buyer acknowledges that the Company’s Shares are listed on The NASDAQ Stock Market and the Company is therefore required to publish and make available publicly the Company SEC Documents which are necessary to enable the holders of the shares of the Company and the public to appraise the position of the Company and its Subsidiaries. Buyer understands that no disclosure or offering document has been prepared in connection with the sale of the Subject Securities. Buyer will not hold Seller, Parent or any of their respective affiliates responsible for any misstatements in or omissions from any publicly available information concerning the Company including any Company SEC Documents.
Listed Shares. Upon issuance, the Shares, License Fee Shares, Renewal License Fee Shares and the Exchange Shares will be registered pursuant to Section 12(b) of the Exchange Act, and approved for listing and quotation on the American Stock Exchange ("AMEX"). Except as disclosed in the 2003 SEC Filings, the Company has taken no action designed to, or likely to have the effect of, terminating the registration of its common stock under the Exchange Act or delisting its common stock from the AMEX. The Company is, and after giving effect to the issuance of the Shares and the License Fee Shares to the Investor at the Closing hereunder, the Company will be in compliance with all standards for continued listing on the AMEX. Based on the Company's financial projections, which have been prepared by the Company in good faith and on a reasonable basis, its stockholders' equity will exceed the minimum required by the AMEX during and at the end of the twelve-month period following the Closing.
Listed Shares. The Subscriber acknowledges that the Company’s shares are listed on The NASDAQ Stock Market and the Company is therefore required to publish and make available publicly the Company SEC Documents which are necessary to enable the holders of the shares of the Company and the public to appraise the position of the Company and its Subsidiaries. The Subscriber understands that no disclosure or offering document has been prepared in connection with the sale of the Reward Shares and/or the Additional Shares. The Subscriber will not hold the Company, or any of their respective affiliates responsible for any misstatements in or omissions from any publicly available information concerning the Company including any Company SEC Documents.
Listed Shares. 7 ARTICLE 2
Listed Shares. Within 90 days after the Closing Date, Buyer shall cause the Closing Stock Merger Consideration deliverable pursuant to the Merger and an additional number of shares of Buyer Stock as estimated by Buyer to be sufficient hereunder to be duly listed for trading on the Nasdaq National Market and/or approved for listing upon official notice of issuance.
Listed Shares. Webdigs’ common stock is quoted on the OTC Markets under the symbol “WBDG”. Webdigs is, and has no reason to believe that it will not in the foreseeable future continue to be, in compliance with the listing and maintenance requirements for continued listing or quotation of its common stock on the trading market on which its common stock is currently listed or quoted. The issuance and sale of the Preferred Shares under this Agreement does not contravene the rules and regulations of the trading market on which Webdigs’ common stock is currently listed or quoted, and no approval of the stockholders of Webdigs is required for Webdigs to issue and deliver to Next 1 the Preferred Shares as contemplated by this Agreement.
