Nasdaq Confirmation. The Nasdaq Exemption shall have bee obtained or the shareholders of the Purchaser shall have approved the transactions contemplated by this Agreement in accordance with Section 5.4 hereof.
Nasdaq Confirmation. The Company shall have received any relevant approval or confirmation from Nasdaq in connection with the Investment and/or the issuance of the Shares; and
Nasdaq Confirmation. The staff of the Nasdaq Stock Market shall have verbally confirmed to the Seller that (i) it has reviewed this Agreement, the form of Certificate of Designation, form of Series D-1 Warrant, form of Series D-2 Warrant, form of Placement Agent Warrant and form of Registration Rights Agreement and (ii) on the basis of such review, approval by the stockholders of the Seller of the issuance of the Preferred Stock, the Warrants, the Conversion Shares, the Dividend Shares and the Warrant Shares is not required, and the Seller shall not have received from such staff any oral or written information or advice contrary to such verbal confirmation
Nasdaq Confirmation. The staff of the Nasdaq Stock Market shall have verbally confirmed to the Seller that (i) it has reviewed the binding term sheet between the Seller and the Purchasers dated September 22, 2003 and (ii) on the basis of such review, approval by the stockholders of the Seller of the issuance of the Preferred Stock, the Warrants, the Conversion Shares, the Placement Agent Warrants and the Warrant Shares is not required, and the Seller has not received from such staff any oral or written information or advice contrary to such verbal confirmation.
Nasdaq Confirmation. The Company shall have received confirmation from the staff of the Nasdaq Stock Market that no vote of the stockholders of the Company is required in connection with the issuance of the Shares and the Warrants under Section 4350(i)(1)(D) of the Nasdaq Marketplace Rules and all waiting or notice periods required by such confirmation shall have been satisfied.
Nasdaq Confirmation. Approval of the Company’s shareholders of the purchase and sale of the Shares pursuant to NASDAQ Rule 4350 either (i) is not required or (ii) will be obtained prior to the Closing. The Company will promptly seek the advice of NASDAQ regarding the applicability of such Rule 4350 to the purchase and sale of the Shares. The Company will keep Purchasers’ counsel named in Section 10.6 informed of the status of and all material information (including by providing copies of all related correspondences) with respect to any such discussions or negotiations.
