Common use of NASDAQ Approval Clause in Contracts

NASDAQ Approval. Prior to the date hereof, the Company has prepared and filed with the NASDAQ a request for confirmation that the Company may consummate the Closings without approval by the Company's stockholders at a meeting without violating the NASDAQ Rules, except as required by Section 3(a) of the Certificate of Designation.

NASDAQ Approval. Prior to the date hereof, the The Company has prepared and filed with the shall have received written confirmation from NASDAQ a request for confirmation that the Company may consummate the Closings without approval by the Company's stockholders at a meeting without violating the Company's obligations under the NASDAQ Rules, except as required by Section 3(a) of the Certificate of Designationand all conditions to such written confirmation, if any, shall have been satisfied.