Listing and Registration. Each option shall be subject to the requirement that if at any time the Board shall determine, in its discretion, that the listing, registration or qualification of the Shares subject to such option upon any securities exchange or under any state or federal law, or the consent or approval of any governmental regulatory body, is necessary or desirable as a condition of, or in connection with, the granting of such option or the issue or purchase of Shares thereunder, no such option may be exercised in whole or in part unless such listing, registration, qualification, consent or approval shall have been effected or obtained free of any condition not acceptable to the Board.
Listing and Registration. (a) The [Warrants and the]* Warrant Shares have been listed for trading on the Nasdaq National Market, and the Company will use its reasonable best efforts to maintain such listing. [In addition, the Company will use its reasonable best efforts to secure and maintain the listing of the Warrants on the Nasdaq National Market.]* *The language in this section is bracketed because the language to be included in the definitive agreement depends upon whether the Warrants will have been listed as of the date of the definitive agreement.
(b) The Warrants issued as contemplated by clauses (a) and (b) of the first sentence of Section 1.1 have been registered for public distribution under the Securities Act pursuant to a registration statement (No. 333-___________) filed by the Company with the SEC. The Warrant Shares have been registered for public distribution upon exercise of the Warrants under the Securities Act pursuant to registration statement (No. 333-________________) (together with any amendments thereto, the "Warrant Shares Registration Statement") filed by the Company with the SEC. Subject to Black Out Periods (as defined below in this Section 10(b)), the Company will use its reasonable best efforts to keep the Warrant Shares Registration Statement continuously effective under the Securities Act until the expiration or exercise of all Warrants in order to permit the prospectus included therein to be lawfully delivered by the Company to the Holders exercising such Warrants and by Holders of such Warrants to prospective purchasers of such Warrants. Notwithstanding the foregoing, the Company shall not be required to amend or supplement the Warrant Shares Registration Statement, any related prospectus or any document incorporated therein by reference for a period (a "Black Out Period"), beginning on the date the Company gives notice (the "Black Out Notice") to the Warrant Agent and the Holders that such a period has commenced and ending on the earlier of (i) the date the information responsible for the Black Out Period is disclosed to the public and (ii) 60 calendar days after any such Black Out Notice is given, in the event that (A) an event occurs and is continuing as a result of which the Warrant Shares Registration Statement, any related prospectus, or any document incorporated therein by reference as then amended or supplemented would, in the Company's good faith judgment, contain an untrue statement of a material fact or omit to state a material fact ne...
Listing and Registration. The Company shall use its commercially reasonable efforts to maintain the listing and the registration of the Ordinary Shares and the Ordinary Shares underlying the Underwriters’ Warrant on the Exchange for at least three (3) years from the date of this Agreement.
Listing and Registration. Each series of the New Amalgamated Company Preferred Shares to be registered with the SEC, listed for public trading, and otherwise issued in accordance with all applicable laws.
Listing and Registration. Newly Issued Surviving Company Preferred Shares to be registered with the SEC, listed for public trading, and otherwise issued in accordance with all applicable laws.
Listing and Registration. If the Compensation Committee determines that the listing, registration, or qualification upon any securities exchange or under any law of shares subject to any grant is necessary or desirable as a condition of, or in connection with, the issuance of same, no such shares may be issued unless such listing, registration or qualification is effected free of any conditions not acceptable to the Compensation Committee.
Listing and Registration. If the Corporation determines that the listing, registration or qualification upon any securities exchange or upon any listing or quotation system established by the National Association of Securities Dealers, Inc. ("Nasdaq System") or under any law, of shares subject to any Award is necessary or desirable as a condition of, or in connection with, the granting of same or the issue or purchase of shares thereunder, no such Award may be exercised in whole or in part and no restrictions on such Award shall lapse, unless such listing, registration or qualification is effected free of any conditions not acceptable to the Corporation.
Listing and Registration. For a period of one year following the issuance of Parent Common Stock pursuant to the terms of this Agreement, Parent agrees to use commercially reasonable efforts to (i) make all necessary filings pursuant to the applicable requirements of the Securities Act of 1933 and the Securities Exchange Act of 1934, as amended (collectively, the “Parent Public Reports”) and (ii) maintain the listing of Parent Common Stock on NYSE Amex (or such other equivalent exchange as Parent Common Stock may be listed at the time of issuance).
Listing and Registration. If the Company determines that the listing, registration or qualification upon any Applicable Exchange or under any law of Shares subject to any Award is necessary or desirable as a condition of, or in connection with, the granting of same or the issue or purchase of Shares thereunder, no such Award may be exercised in whole or in part and no restrictions on such Award shall lapse, unless such listing, registration or qualification is effected free of any conditions not acceptable to the Company.
Listing and Registration. If at any time the Board of Directors of the Company shall determine, in its discretion, that it is necessary or desirable either (a) to list, register, or qualify options granted pursuant to the Plan, or the shares to be sold and issued upon exercise of such options, upon any securities exchange or under any state or federal law, or (b) to obtain the consent or approval of any governmental regulatory body, to the issuance of such options or sale of such shares, then no further Option Shares shall be sold unless such listing, registration, qualification, consent or approval shall have been effected or obtained free of any conditions not acceptable to the Board of Directors. The Board of Directors shall have the authority to cause the Company, at its expense, to take any action related to the Plan which may be required in connection with such listing, registration, qualification, consent or approval.
