Common use of Listing/DTC Clause in Contracts

Listing/DTC. The Company shall promptly secure the listing of all of the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, such listing of all such Securities. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, on the Principal Market and shall comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the Company nor any of its Subsidiaries shall take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market regarding the continued eligibility of the Common Stock for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC under the Exchange Act (including on Form 8-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all action necessary to ensure that its Common Stock, including the Securities, can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Invivo Therapeutics Holdings Corp.)

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Listing/DTC. The Company shall promptly secure the listing of all of the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, such listing of all such SecuritiesPurchase Shares. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the SecuritiesPurchase Shares, on the Principal Market and shall comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the Company nor any of its Subsidiaries shall take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the SecuritiesPurchase Shares, on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market regarding the continued eligibility of the Common Stock for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC under the Exchange Act (including on Form 8-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all action necessary to ensure that its Common Stock, including the SecuritiesPurchase Shares, can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Obalon Therapeutics Inc)

Listing/DTC. The Company shall promptly secure the listing of all of the American Depositary Shares representing the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement hereunder on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock American Depositary Shares is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock American Depositary Shares shall be so listed, such listing of all such SecuritiesSecurities from time to time issuable hereunder. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, American Depositary Shares on the Principal Market and shall comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the Company nor any of its Subsidiaries shall take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, American Depositary Shares on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market any Person regarding the continued eligibility of the Common Stock American Depositary Shares for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information information, and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC under the Exchange Act (including on Form 86-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all action necessary to ensure that its Common Stock, including the Securities, American Depositary Shares can be transferred electronically as DWAC DTC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Stealth BioTherapeutics Corp)

Listing/DTC. The Company shall promptly secure the listing of all of the Ordinary Shares representing the Purchase Shares, Commitment Shares, Additional Commitment Shares, Filing Settlement Shares and Commitment Effectiveness Settlement Shares to be issued to the Investor under this Agreement hereunder on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock Ordinary Shares is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock Ordinary Shares shall be so listed, such listing of all such SecuritiesSecurities from time to time issuable hereunder. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, Ordinary Shares on the Principal Market and shall comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the Company nor any of its Subsidiaries shall take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, Ordinary Shares on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market any Person regarding the continued eligibility of the Common Stock Ordinary Shares for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information information, and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC under the Exchange Act (including on Form 86-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all action necessary to ensure that its Common Stock, including the Securities, Ordinary Shares can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Bit Digital, Inc)

Listing/DTC. The Company shall promptly secure the listing of all of the American Depositary Shares representing the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement hereunder on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is American Depositary Shares are then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock American Depositary Shares shall be so listed, such listing of all such SecuritiesSecurities from time to time issuable hereunder. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, American Depositary Shares on the Principal Market and shall comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the Company nor any of its Subsidiaries shall take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, American Depositary Shares on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market regarding the continued eligibility of the Common Stock American Depositary Shares for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and that the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC under the Exchange Act (including on Form 86-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all action necessary to ensure that its Common Stock, including the Securities, American Depositary Shares can be transferred electronically as DWAC DTC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Evaxion Biotech a/S)

Listing/DTC. The To the extent applicable, the Company shall promptly secure the listing of all of the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, such listing of all such SecuritiesPurchase issued under this Agreement. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the SecuritiesPurchase Shares, on the Principal Market and shall comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the The Company nor any of its Subsidiaries shall not take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the SecuritiesPurchase Shares, on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market regarding the continued eligibility of the Common Stock for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC under the Exchange Act (including on Form 8-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all action necessary to ensure that its Common Stock, including the SecuritiesPurchase Shares, can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Viking Therapeutics, Inc.)

Listing/DTC. The Company shall promptly secure the listing of all of the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, such listing of all such SecuritiesPurchase Shares and Commitment Shares from time to time issuable hereunder on the Principal Market. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, Stock on the Principal Market and shall use commercially reasonable efforts to comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the The Company nor any of its Subsidiaries shall not take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, Stock on the Principal Market, unless the Common Stock is immediately thereafter traded on the New York Stock Exchange, the NYSE American, the Nasdaq Global Select Market, the Nasdaq Global Market, or the Nasdaq Capital Market. The Company shall promptlyuse commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, the listing of all Purchase Shares and in no event later than the following Business Day, Commitment Shares from time to time issuable hereunder. The Company shall promptly provide to the Investor copies of any notices it receives from the Principal Market any Person regarding the continued eligibility of the Common Stock for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC and under the Exchange Act (including on Form 8-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all commercially reasonable action necessary to ensure that its Common Stock, including the Securities, Stock can be transferred electronically as DWAC Shares. Prohibition of Short Sales and Hedging Transactions. The Investor agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11, the Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Purchase Agreement (Aspira Women's Health Inc.)

Listing/DTC. The Company shall promptly secure the listing of all of the Purchase Shares and Commitment Shares Securities to be issued to the Investor under this Agreement hereunder on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is Ordinary Shares are then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock Ordinary Shares shall be so listed, such listing of all such SecuritiesSecurities from time to time issuable hereunder. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, Ordinary Shares on the Principal Market and shall comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the Company nor any of its Subsidiaries shall take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, Ordinary Shares on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market regarding the continued eligibility of the Common Stock Ordinary Shares for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and that the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC under the Exchange Act (including on Form 8-K) or the Securities Act. The Company shall pay pay, or shall procure the payment of, all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all action necessary to ensure that its Common Stock, including the Securities, Ordinary Shares can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Nabriva Therapeutics PLC)

Listing/DTC. The Company shall promptly secure the listing of all of the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement hereunder on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is Shares are then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock Shares shall be so listed, such listing of all such Securities. The Company shall use commercially reasonable efforts to maintain the listing of the Common StockShares, including the Securities, on the Principal Market and shall comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the Company nor any of its Subsidiaries shall take any action that would reasonably be expected to result in the delisting or suspension of the Common StockShares, including the Securities, on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market regarding the continued eligibility of the Common Stock Shares for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC under the Exchange Act (including on Form 86-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all action necessary to ensure that its Common StockShares, including the Securities, can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Altamira Therapeutics Ltd.)

Listing/DTC. The Company shall promptly secure the listing of all of the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, such listing of all such SecuritiesPurchase Shares and Commitment Shares from time to time issuable hereunder on the Principal Market. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, Stock on the Principal Market and shall use commercially reasonable efforts to comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the The Company nor any of its Subsidiaries shall not take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, Stock on the Principal Market, unless the Common Stock is immediately thereafter traded on the New York Stock Exchange, the NYSE American, The Nasdaq Global Select Market, The Nasdaq Global Market, or The Nasdaq Capital Market. The Company shall promptlyuse commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, the listing of all Purchase Shares and in no event later than the following Business Day, Commitment Shares from time to time issuable hereunder. The Company shall promptly provide to the Investor copies of any notices it receives from the Principal Market any Person regarding the continued eligibility of the Common Stock for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC and under the Exchange Act (including on Form 8-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all commercially reasonable action necessary to ensure that its Common Stock, including the Securities, Stock can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Chicken Soup for the Soul Entertainment, Inc.)

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Listing/DTC. The Company shall promptly secure the listing of all of the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, such listing of all such SecuritiesPurchase Shares and Commitment Shares from time to time issuable hereunder on the Principal Market. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, Stock on the Principal Market and shall use commercially reasonable efforts to comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the The Company nor any of its Subsidiaries shall not take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, Stock on the Principal Market, unless the Common Stock is immediately thereafter traded on the New York Stock Exchange, the NYSE American, The Nasdaq Global Select Market, The Nasdaq Global Market, or The Nasdaq Capital Market. The Company shall promptlyuse commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, the listing of all Purchase Shares and in no event later than the following Business Day, Commitment Shares from time to time issuable hereunder. The Company shall promptly provide to the Investor copies of any notices it receives from the Principal Market regarding the continued eligibility of the Common Stock for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC and under the Exchange Act (including on Form 8-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all commercially reasonable action necessary to ensure that its Common Stock, including the Securities, Stock can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Veru Inc.)

Listing/DTC. The Company shall promptly secure the listing of all of the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement hereunder on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, such listing of all such Securities from time to time issuable hereunder. While the Investor holds any Securities. The , the Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, Stock on the Principal Market and shall comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the Company nor any of its Subsidiaries shall take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, Stock on the Principal Market. The While the Investor holds any Securities, the Company shall promptly, and in no event later than the Business Day immediately following Business Daythe date of receipt by the Company, provide to the Investor copies of any notices it receives from the Principal Market regarding the continued eligibility of the Common Stock for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company (i) reasonably believes constitutes material non-public information and the Company would or (ii) is not be required to be publicly disclose such notice disclosed in any report or statement filed with the SEC under the Exchange Act (including on Form 8-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The While the Investor holds any Securities, the Company shall take all action necessary to ensure that its Common Stock, including the Securities, Stock can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Dare Bioscience, Inc.)

Listing/DTC. The Company shall promptly secure the listing of all of the Ordinary Shares representing the Purchase Shares, Commitment Shares, Additional Commitment Shares, Filing Default Shares and Commitment Effectiveness Default Shares to be issued to the Investor under this Agreement hereunder on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock Ordinary Shares is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock Ordinary Shares shall be so listed, such listing of all such SecuritiesSecurities from time to time issuable hereunder. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, Ordinary Shares on the Principal Market and shall comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the Company nor any of its Subsidiaries shall take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, Ordinary Shares on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market any Person regarding the continued eligibility of the Common Stock Ordinary Shares for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information information, and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC under the Exchange Act (including on Form 86-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all action necessary to ensure that its Common Stock, including the Securities, Ordinary Shares can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Bit Digital, Inc)

Listing/DTC. The Company shall promptly secure the listing of all of the American Depositary Shares representing the Purchase Shares and Commitment Shares to be issued to the Investor under this Agreement hereunder on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is American Depositary Shares are then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock American Depositary Shares shall be so listed, such listing of all such SecuritiesSecurities from time to time issuable hereunder. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, American Depositary Shares on the Principal Market and shall use commercially reasonable efforts to comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the The Company nor any of its Subsidiaries shall not take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, American Depositary Shares on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market any Person regarding the continued eligibility of the Common Stock American Depositary Shares for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC (including on Form 6-K) under the Exchange Act (including on Form 8-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all commercially reasonable action necessary to ensure that its Common Stock, including the Securities, American Depositary Shares can be transferred electronically as DWAC DTC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Freeline Therapeutics Holdings PLC)

Listing/DTC. The To the extent applicable, the Company shall promptly secure the listing of all of the Purchase Shares and Commitment Shares Securities to be issued to the Investor under this Agreement on the Principal Market (subject to official notice of issuance) and upon each other national securities exchange or automated quotation system, if any, upon which the Common Stock is then listed, and shall use commercially reasonable efforts to maintain, so long as any shares of Common Stock shall be so listed, such listing of all such SecuritiesSecurities from time to time issuable hereunder. The Company shall use commercially reasonable efforts to maintain the listing of the Common Stock, including the Securities, on the Principal Market and shall comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules and regulations of the Principal Market. Neither the The Company nor any of its Subsidiaries shall not take any action that would reasonably be expected to result in the delisting or suspension of the Common Stock, including the Securities, on the Principal Market. The Company shall promptly, and in no event later than the following Business Day, provide to the Investor copies of any notices it receives from the Principal Market regarding the continued eligibility of the Common Stock for listing on the Principal Market; provided, however, that the Company shall not be required to provide the Investor copies of any such notice that the Company reasonably believes constitutes material non-public information and the Company would not be required to publicly disclose such notice in any report or statement filed with the SEC under the Exchange Act (including on Form 8-K) or the Securities Act. The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(c). The Company shall take all action necessary to ensure that its Common Stock, including the Securities, can be transferred electronically as DWAC Shares.

Appears in 1 contract

Samples: Purchase Agreement (Viking Therapeutics, Inc.)

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