Common use of Nasdaq Listing Application Clause in Contracts

Nasdaq Listing Application. The Company will timely file an “Additional Listing Application” with the Nasdaq Global Market in connection with the Shares issued in the Rights Offering (including the KH Basic Rights Purchase) and the Standby Offering. The Company will use its best efforts to obtain, effect and maintain the listing of such securities on the Nasdaq Global Market and will file with the Nasdaq Global Market all documents and notices required by the Nasdaq Global Market of companies that have securities that are listed on the Nasdaq Global Market.

Nasdaq Listing Application. The Company will timely file a “New Listing Application” with respect to the Rights and an “Additional Listing Application” with respect to the Shares with the Nasdaq Global Market in connection with the Shares issued in the Rights Offering (including the KH Basic Rights Purchase) and the Standby Offering. The Company will use its best efforts to obtain, effect and maintain the listing of such securities on the Nasdaq Global Market and will file with the Nasdaq Global Market all documents and notices required by the Nasdaq Global Market of companies that have securities that are listed on the Nasdaq Global Market.

Nasdaq Listing Application. The Company will timely file an “Additional Listing Application” with the Nasdaq Global Market in connection with the Shares issued in the Rights Offering (including the KH Basic Rights Purchase) and the Standby Offering. The Company will use its best commercially reasonable efforts to obtain, effect and maintain the listing of such securities on the Nasdaq Global Market and will file with the Nasdaq Global Market all documents and notices required by the Nasdaq Global Market of companies that have securities that are listed on the Nasdaq Global Market.