Common use of Listing Compliance Clause in Contracts

Listing Compliance. The Company is in compliance with the requirements of the NASDAQ Global Market for continued listing of the Common Stock thereon. 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 the listing of the Common Stock on the NASDAQ Global Market, nor has the Company received any notification that the Commission or the NASDAQ Global Market is contemplating terminating such registration or listing. The transactions contemplated by this Agreement will not contravene the rules and regulations of the NASDAQ Global Market. The Company will comply with all requirements of the NASDAQ Global Market with respect to the issuance of the New Shares and shall cause the New Shares to be listed on the NASDAQ Global Market and listed on any other exchange on which the Company’s common stock is listed on or before the Closing Date.

Listing Compliance. The Company is in compliance with the requirements of the NASDAQ Global Market for continued listing of the Common Stock thereon. 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 the listing of the Common Stock on the NASDAQ Global Market, nor has the Company received any notification that the Commission SEC or the NASDAQ Global Market is contemplating terminating such registration or listing. The transactions contemplated by this Agreement the Transaction Agreements will not contravene the rules and regulations of the NASDAQ Global Market. The Company will comply with all requirements of the NASDAQ Global Market with respect to the issuance of the New Shares Securities and shall cause the New Shares and the Underlying Shares to be listed on the NASDAQ Global Market and listed on any other exchange on which the Company’s common stock Common Stock is listed on or before the Closing DateClosing.

Listing Compliance. The Company is in compliance with the requirements of the NASDAQ Global Market for continued listing of the Common Stock thereon. 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 the listing of the Common Stock on the NASDAQ Global Market, nor has the Company received any notification that the Commission or the NASDAQ Global Market is contemplating terminating such registration or listing. The transactions contemplated by this Agreement will not contravene the rules and regulations of the NASDAQ Global Market. The Company will comply with all requirements of the NASDAQ Global Market with respect to the issuance of the New Shares and shall cause the New Shares to be listed on the NASDAQ Global Market and listed on any other exchange on which the Company’s common stock is listed on or before the Closing Date.

Listing Compliance. The Company is in compliance with the requirements of the The NASDAQ Global Market for continued listing of the Common Stock thereon. 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 the listing of the Common Stock on the The NASDAQ Global Market, nor has the Company received any notification that the Commission or the The NASDAQ Global Market is currently contemplating terminating such registration or listing. The transactions contemplated by this Agreement will not contravene the rules and regulations of the The NASDAQ Global Market. The Company will comply with all requirements of the The NASDAQ Global Market with respect to the issuance of the New Shares and shall cause the New Shares to be listed on the The NASDAQ Global Market and listed on any other exchange on which the Company’s common stock Common Stock is listed on or before the Closing Date.