NASD Review. The NASD, upon review of the terms of the public offering of the Shares, shall not have objected to such offering, the terms of the offering or your participation in the offering.
NASD Review. The National Association of Securities Dealers (the "NASD"), upon review of the terms of the public offering of the Units, shall not have objected to the Underwriter's participation in the same.
NASD Review. To enable the Placement Agents to rely on Rule 2710(b)(7)(C)(i) of the NASD, the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months.
NASD Review. To enable the Placement Agents to rely on Rule 2710(b)(7)(C)(i) of the NASD, the registration of the Shares registered with the Commission could have been affected on Form S-3 under the Securities Act pursuant to the standards for such Form S-3 in effect prior to October 21, 1992.
NASD Review. The NASD, upon review of the terms of the public offering of the Firm Shares and Option Shares, shall not have objected to the Underwriters' participation in such offering. 7.8
NASD Review. The Company will provide such information as may be required in connection with the review of the Offering by the National Association of Securities Dealers, Inc. ("NASD") under the Corporate Financing Rule.
NASD Review. The Company satisfies the pre-1992 eligibility requirements for the use of a registration statement on Form S-3 in connection with the Offering contemplated thereby (the pre-1992 eligibility requirements for the use of the registration statement on Form S-3 include (i) having a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) having been subject to the Exchange Act reporting requirements for a period of 36 months). Any certificate signed by any officer of the Company and delivered to the Placement Agent or to counsel for the Placement Agent shall be deemed a representation and warranty by the Company to the Placement Agent as to the matters covered thereby.
NASD Review. To enable the Underwriters to rely on Rule 2710(b)(7)(C)(i) of the NASD, the registration of the Shares registered with the Commission could have been affected on Form S-3 under the Securities Act pursuant to the standards for such Form S-3 in effect prior to October 21, 1992.
NASD Review. The NASD shall have issued an opinion of "no objections" to the proposed underwriting terms and arrangements pursuant to its rules prior to the first Capital Demand Notice, if the Registration Statement and this Agreement are subject to filing with and review by the NASD.
NASD Review. The NASD, upon review of the terms of the public offering of the Shares, shall not have objected to such offering, the terms of the offering or your participation in the offering. If any of the conditions specified in this Section 7 shall not have been fulfilled when and as required by this Agreement to be fulfilled, this Agreement may be terminated by you on notice to the Company at any time at or prior to the Closing Date, and such termination shall be without liability of any party to any other party, except as provided in Sections 6 and 10. Notwithstanding any such termination, the provisions of Section 8 shall remain in effect.
