Nasdaq Listing Matters. The Common Stock of the Company is quoted on the Nasdaq Global Market under the ticker symbol “AGEN.” The Company has not received any notice that, and has no reason to believe that, it is not in compliance with the listing or maintenance requirements of Nasdaq. The issuance and sale of the Securities under this Agreement do not contravene the rules and regulations of Nasdaq.
Nasdaq Listing Matters. The Ordinary Shares are registered pursuant to Section 12(g) of the Exchange Act and are listed on Nasdaq under the ticker symbol "VOCL." The Company has not received any notice that it is not currently in compliance with the listing or maintenance requirements of Nasdaq. The issuance and sale of the Purchased Securities under this Agreement do not contravene the rules and regulations of Nasdaq. The Company has taken no action designed to, or likely to have the effect of, terminating the registration of the Ordinary Shares under the Exchange Act or de-listing the Ordinary Shares from Nasdaq.
Nasdaq Listing Matters. The Common Stock of the Company is quoted on Nasdaq under the ticker symbol “BPUR.” The Company has not received any notice that it is not in compliance with the listing or maintenance requirements of Nasdaq. The issuance and sale of the Purchased Shares under this Agreement does not contravene the rules and regulations of Nasdaq, The Company agrees that in the event that a Purchaser wishes to exercise a Warrant and the exercise would require stockholder approval under Nasdaq Marketplace Rules because such exercise would constitute a change of control under such Rules, then the Company shall use all reasonable efforts to convene a meeting of its stockholders to obtain such approval, and the proxy statement for such meeting will contain a recommendation for approval. If approval cannot be obtained, the Purchaser understands and agrees that he or it will be required to divest such number of shares of Common Stock owned by such Purchaser as may be required to permit such Purchaser, under the Nasdaq Marketplace Rules, to complete the desired exercise without stockholder approval.
Nasdaq Listing Matters. The Ordinary Shares are registered pursuant to Section 12(b) of the Exchange Act and are listed on the Nasdaq under the ticker symbol “XXXX.” Buyer has not received any notice that it is not currently in compliance with the listing or maintenance requirements of the Nasdaq. The issuance and sale of the Restricted Shares under this Agreement do not contravene the rules and regulations of Nasdaq. Buyer has taken no action and has no present intent to take any action, designed to, or likely to have the effect of, terminating the registration of the Ordinary Shares under the Exchange Act or de-listing the Ordinary Shares from Nasdaq.
Nasdaq Listing Matters. The Common Stock of the Company is registered and listed on the Nasdaq SmallCap National Market under the ticker symbol “PHYX.” The Company has not received any notice that it is not in compliance with the listing or maintenance requirements of the Nasdaq SmallCap National Market. The issuance and sale of the Purchased Shares and the Warrants under this Agreement does not contravene the rules and regulations of the Nasdaq SmallCap National Market.
Nasdaq Listing Matters. The Class A Common Stock is registered and designated for quotation on Nasdaq under the ticker symbol “WTSLA.” The Company is not in violation of the listing requirements of Nasdaq and has no knowledge of any facts which would reasonably lead to delisting or suspension of the Class A Common Stock in the foreseeable future. The issuance and sale of the Purchased Securities under this Agreement does not contravene the rules and regulations of Nasdaq. Since December 31, 2003, (i) trading in the Class A Common Stock has not been suspended by the SEC or Nasdaq and (iii) the Company has received no communication, written or oral, from the SEC or Nasdaq regarding the suspension or delisting of the Class A Common Stock from Nasdaq.
Nasdaq Listing Matters. The Common Stock of E&S is registered and designated for quotation on the Nasdaq Stock Market under the ticker symbol “ESCC.” E&S is not in violation of the listing requirements of the Nasdaq Stock Market and has no knowledge of any facts which would reasonably lead to delisting or suspension of E&S’s common stock. The issuance and sale of the E&S Stock in accordance with this Agreement does not contravene the rules and regulations of the Nasdaq Stock Market.
Nasdaq Listing Matters. The shares of Common Stock are registered pursuant to Section 12(g) of the Exchange Act and are listed on the Nasdaq under the ticker symbol “WAVE.” The Company has not received any notice that it is not currently in compliance with the listing or maintenance requirements of the Nasdaq. The issuance and sale of the Purchased Shares under this Agreement do not contravene the rules and regulations of Nasdaq. The Company has taken no action designed to, or likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act or de-listing the Common Stock from Nasdaq.
Nasdaq Listing Matters. The Company and Acquiror shall cooperate and use reasonable best efforts to cause the PubCo Common Stock issued in connection with the Transactions to be approved for listing on the Nasdaq as promptly as practicable following the issuance thereof, subject to official notice of issuance, prior to the Closing Date.
Nasdaq Listing Matters. Parent shall file a notification of listing of additional shares (or such other form as may be required) with NASDAQ with respect to the Parent Shares to be issued in the Mergers, and shall use reasonable best efforts to cause such Parent Shares to be approved for listing on NASDAQ, subject to official notice of issuance, prior to the Closing Date.
