Common use of Listing of Underlying Shares Clause in Contracts

Listing of Underlying Shares. The Company will use its best efforts to list the Common Stock for trading on the Nasdaq SmallCap Market or Nasdaq National Market as soon as possible after the Closing Date. The Purchaser understands that the Company does not currently meet the requirements for initial listing of the Common Stock on either the Nasdaq National Market or the Nasdaq SmallCap Market. If the Common Stock hereafter is listed for trading on the Nasdaq National Market, Nasdaq SmallCap Market, American Stock Exchange or New York Stock Exchange (each, a "Subsequent Market"), or any other national securities market or exchange), then (1) take all necessary steps to list the Underlying Shares thereon, including the preparation of any required additional listing applications therefor covering at least the sum of (i) two times the number of Underlying Shares as would be issuable upon a conversion in full of the then outstanding principal amount of Debentures (plus all Underlying Shares are issuable as payment of interest thereon, assuming all such interest were paid in shares of Common Stock) and upon exercise in full of the then unexercised portion of the Warrant and (2) provide to the Purchaser evidence of such listing, and the Company shall thereafter maintain the listing of its Common Stock on such exchange or market as long as Underling Shares are issuable and/or outstanding.

Listing of Underlying Shares. The Company will use its best efforts to list the Common Stock for trading on the Nasdaq SmallCap Market or Nasdaq National Market as soon as possible after the Closing Date. The Purchaser understands that the Company does not currently meet the requirements for initial listing of the Common Stock on either the Nasdaq National Market or the Nasdaq SmallCap Market. If the Common Stock hereafter is listed for trading on the Nasdaq National Market, Nasdaq SmallCap Market, American Stock Exchange or New York Stock Exchange (each, a "Subsequent Market"), or any other national securities market or exchange), then then the Company shall (1) take all necessary steps to list the Underlying Shares thereon, including the preparation of any required additional listing applications therefor covering at least the sum of (i) two times the number of Underlying Shares as would be issuable upon a conversion in full of the then outstanding principal amount of Debentures (plus all Underlying Shares are issuable as payment of interest thereon, assuming all such interest were paid in shares of Common Stock) and upon exercise in full of the then unexercised portion of the Warrant Warrants and (2) provide to the Purchaser evidence of such listing, and the Company shall thereafter maintain the listing of its Common Stock on such exchange or market as long as Underling Shares are issuable and/or outstanding.. Convertible Debenture Purchase Agreement

Listing of Underlying Shares. The Company will use its best efforts to list the Common Stock for trading on the Nasdaq SmallCap Market or Nasdaq National Market as soon as possible after the Closing Date. The Purchaser understands that the Company does not currently meet the requirements for initial listing of the Common Stock on either the Nasdaq National Market or the Nasdaq SmallCap Market. If the Common Stock hereafter is listed for trading on the Nasdaq National Market, Nasdaq SmallCap Market, Market (or on the American Stock Exchange or New York Stock Exchange (each, a "Subsequent Market")Exchange, or any other national securities market or exchange), then then the Company shall (1) take all necessary steps to list the Underlying Shares thereon, including the preparation of any required additional listing applications application therefor covering at least the sum of (i) two times the number of Underlying Shares as would be issuable upon a conversion in full of the then outstanding principal amount of Debentures (plus all Underlying Shares are issuable as payment of interest thereon, assuming all such interest were paid in shares of Common Stock) and upon exercise in full of the then unexercised portion of the Warrant and (2) provide to the Purchaser evidence of such listing, and the Company shall thereafter maintain the listing of its Common Stock on such exchange or market as long as Underling Underlying Shares are issuable and/or outstanding. The Company will use its commercially reasonable efforts to list the Common Stock for trading on either the Nasdaq SmallCap Market or Nasdaq National Market as soon as possible after the Closing Date.

Listing of Underlying Shares. The Company will use its best efforts to list the Common Stock for trading on the Nasdaq SmallCap Market or Nasdaq National Market as soon as possible after the Closing Date. The Purchaser understands that the Company does not currently meet the requirements for initial listing of the Common Stock on either the Nasdaq National Market or the Nasdaq SmallCap Market. If the Common Stock hereafter is listed for trading on the Nasdaq National Market, Nasdaq SmallCap Market, Market (or on the American Stock Exchange or New York Stock Exchange (each, a "Subsequent Market")Exchange, or any other national securities market or exchange), then then the Company shall (1) take all necessary steps to list the Underlying Shares thereon, including the preparation of any required additional listing applications application therefor covering at least the sum of (i) two times the number of Underlying Shares as would be issuable upon a conversion in full of the then outstanding principal amount of Debentures (plus all Underlying Shares are issuable as payment of interest thereon, assuming all such interest were paid in shares of Common Stock) and upon exercise in full of the then unexercised portion of the Warrant Warrants and (2) provide to the Purchaser Purchasers evidence of such listing, and the Company shall thereafter maintain the listing of its Common Stock on such exchange or market as long as Underling Underlying Shares are issuable and/or outstanding. The Company will use its commercially reasonable efforts to list the Common Stock for trading on either the Nasdaq SmallCap Market or Nasdaq National Market as soon as possible after the Closing Date.

Listing of Underlying Shares. The Company will use its best efforts to list the Common Stock for trading on the Nasdaq SmallCap Market or Nasdaq National Market as soon as possible after the Closing Date. The Purchaser understands that the Company does not currently meet the requirements for initial listing of the Common Stock on either the Nasdaq National Market or the Nasdaq SmallCap Market. If the Common Stock hereafter is listed for trading on the Nasdaq National Market, Nasdaq SmallCap Market, Market (or on the American Stock Exchange or New York Stock Exchange (each, a "Subsequent Market")Exchange, or any other national securities market or exchange), then then the Company shall (1) take all necessary steps to list the Underlying Shares thereon, including the preparation of any required additional listing applications application therefor covering at least the sum of (i) two times the number of Underlying Shares as would be issuable upon a conversion in full of the then outstanding principal amount of Debentures (plus all Underlying Shares are issuable as payment of interest thereon, assuming all such interest were paid in shares of Common Stock) and upon exercise in full of the then unexercised portion of the Warrant Warrant, and (2) provide to the Purchaser evidence of such listing, and the Company shall thereafter maintain the listing of its Common Stock on such exchange or market as long as Underling Underlying Shares are issuable and/or outstanding. The Company will use its commercially reasonable efforts to list the Common Stock for trading on either the Nasdaq SmallCap Market or Nasdaq National Market as soon as possible after the Closing Date.

Listing of Underlying Shares. The Company will use its best efforts to list the Common Stock for trading on the Nasdaq SmallCap Market or Nasdaq National Market as soon as possible after the Closing Date. The Purchaser understands that the Company does not currently meet the requirements for initial listing of the Common Stock on either the Nasdaq National Market or the Nasdaq SmallCap Market. If the Common Stock hereafter is listed for trading on the Nasdaq National Market, Nasdaq SmallCap Market, American Stock Exchange or New York Stock Exchange (each, a "Subsequent Market"), or any other national securities market or exchange), then then the Company shall (1) take all necessary steps to list the Underlying Shares thereon, including the preparation of any required additional listing applications therefor covering at least the sum of (i) two times the number of Underlying Shares as would be issuable upon a conversion in full of the then outstanding principal amount of Debentures (plus all Underlying Shares are issuable as payment of interest thereon, assuming all such interest were paid in shares of Common Stock) and upon exercise in full of the then unexercised portion of the Warrant and (2) provide to the Purchaser evidence of such listing, and the Company shall thereafter maintain the listing of its Common Stock on such exchange or market as long as Underling Shares are issuable and/or outstanding.

Listing of Underlying Shares. The Company will shall (1) on or prior to the Closing Date prepare and file with Nasdaq (as well as any other national securities exchange or market on which the Common Stock is then listed) an additional shares listing application covering 8,086,580 shares of Common Stock, (2) use its reasonable best efforts to list take all steps necessary to cause such shares of Common Stock to be approved for listing on Nasdaq (as well as on any other national securities exchange or market on which the Common Stock for trading on the Nasdaq SmallCap Market or Nasdaq National Market is then listed) as soon as possible after the Closing Date. The Purchaser understands that the Company does not currently meet the requirements for initial listing of the Common Stock on either the Nasdaq National Market or the Nasdaq SmallCap Market. If the Common Stock hereafter is listed for trading on the Nasdaq National Marketthereafter, Nasdaq SmallCap Market, American Stock Exchange or New York Stock Exchange (each, a "Subsequent Market"), or any other national securities market or exchange), then (1) take all necessary steps to list the Underlying Shares thereon, including the preparation of any required additional listing applications therefor covering at least the sum of (i) two times the number of Underlying Shares as would be issuable upon a conversion in full of the then outstanding principal amount of Debentures (plus all Underlying Shares are issuable as payment of interest thereon, assuming all such interest were paid in shares of Common Stock) and upon exercise in full of the then unexercised portion of the Warrant and (23) provide to the Purchaser Purchasers evidence of such listing, and the Company shall thereafter use its reasonable best efforts to maintain the listing of its Common Stock on such exchange or market market. In addition, if at any time the number of shares of Common Stock then issuable on conversion of all then issued shares of Preferred Stock and the shares of Preferred Stock reserved for issuance upon payment of dividends is greater than the number of shares of Common Stock theretofore listed with Nasdaq (and any such other national securities exchange or market), the Company shall promptly take such action (including the actions described in the preceding sentence) to file an additional shares listing application so that a number of shares equal to the number of Underlying Shares as long as Underling Shares are would then be issuable and/or outstandingupon conversion of all then issued shares of Preferred Stock and the shares of Preferred Stock reserved for issuance upon payment of dividends shall have been listed with Nasdaq (and any such other national securities exchange or market).