Nasdaq Listing; Reporting Status. Within ten days after the Closing Date, the Company shall file with Nasdaq an amended listing application or other document required by Nasdaq in order that the listing of shares of Common Stock originally made by the Company in connection with the issuance of the Series G Preferred Stock will be applicable to the Common Shares and, if required by Nasdaq because the listing application relating to the Series G Preferred Stock may not be made applicable to the Common Shares, shall file with Nasdaq a listing application for the number of Common Shares which may be issuable upon exchange of the Series G Preferred Shares pursuant to this Agreement, on Nasdaq and shall provide evidence of such filing to the Buyer promptly after such filing. The Company shall use its best efforts to obtain such modification or listing. So long as the Buyer beneficially owns any of the Common Shares, the Company shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act, and the Company shall not, prior to the date which is two years after the Closing Date, terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
Nasdaq Listing; Reporting Status. As soon as reasonably possible after the -------------------------------- Closing Date and subject to the waiver in Section 5.e, the Company shall file an application for listing of additional shares with Nasdaq covering such of the Common Shares as shall not previously have been listed for trading on Nasdaq and shall provide evidence of such filing to the Holders. The Company shall use its best efforts to obtain the listing, subject to official notice of issuance, of such Common Shares and on Nasdaq. So long as the Holder beneficially owns any shares of Series F Preferred Stock or Common Shares, the Company shall timely file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act, and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination. So long as the Holder beneficially owns any shares of Series D Preferred Stock or Common Shares, the company shall timely file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act, and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
Nasdaq Listing; Reporting Status. On or before the Closing Date, the Company shall file with Nasdaq an application or other document required by Nasdaq for the listing of the Shares and shall provide evidence of such filing to the Buyer promptly after such filing. So long as the Buyer beneficially owns any of the Securities, the Company shall file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended (the "1934 Act"), and the Company shall not, prior to the date which is three years after the Closing Date, terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
Nasdaq Listing; Reporting Status. If the securities being sold by the Company are convertible into or exchangeable for Common Stock or on which interest will be paid and such interest may be paid in shares of Common Stock, prior to the Closing Date, the Company will file with Nasdaq an application or other document required by Nasdaq for the listing of the Shares, as applicable, with Nasdaq and shall provide evidence of such filing to the Buyer. So long as the Buyer beneficially owns any portion of any of the Securities the Company will use its best efforts to maintain the listing of the Common Stock on Nasdaq or another national securities exchange. During the Registration Period, the Company shall timely file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act, and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
Nasdaq Listing; Reporting Status. Prior to the date of the Closing, the Company shall file an application for listing of additional shares with the Nasdaq Stock Market covering such of the Conversion Shares as shall not previously have been listed for trading on the Nasdaq Stock Market and the Warrant Shares and shall provide evidence of such filing to the Holders. The Company shall use its best efforts to obtain the listing, subject to official notice of issuance, of such Conversion Shares and the Warrant Shares on Nasdaq. So long as the Holder beneficially owns any shares of Series D Preferred or Common Shares, (1) the Company will use its best efforts to maintain the listing of the Common Stock on Nasdaq or a registered national securities exchange or, if Nasdaq or such exchange is not available, on the first available of (i) Nasdaq SmallCap, and (ii) such other securities exchange, OTC Bulletin Board or other market as may then be available, and (2) the Company shall assure that at all times there are at least two broker-dealers who are members of the NASD who are market makers in the Common Stock. During the Registration Period, the Company shall timely file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act, and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination. So long as any Holder owns any Securities, the Company shall furnish to such Holder copies of all reports and other information filed by the Company with the SEC pursuant to Sections 13, 14(a), 14(c) and 15(d) of the 1934 Act promptly, but in no event later than five days, after the same are filed with the SEC.
Nasdaq Listing; Reporting Status. Not later than the Business Day following the Closing Date, the Company will file with Nasdaq an application or other document required by Nasdaq for the listing of the Shares with Nasdaq and shall provide evidence of such filing to the Buyer. So long as the Buyer beneficially owns any portion of the Note or the Warrants or any Shares, the Company will use its best efforts to maintain the listing of the Common Stock on Nasdaq or another national securities exchange. During the Registration Period, the Company shall timely file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act, and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination. So long as the Buyer owns the Note or any Shares, the Company shall furnish to the Buyer copies of all reports and other information filed by the Company with the SEC pursuant to Sections 13, 14(a), 14(c) and 15(d) of the 1934 Act promptly, but in no event later than ten days, after the same are filed with the SEC.
Nasdaq Listing; Reporting Status. As soon as reasonably possible after the -------------------------------- Closing Date and subject to the waiver in Section 5.e, the Company shall file an application for listing of additional shares with Nasdaq covering such of the Common Shares as shall not previously have been listed for trading on Nasdaq and shall provide evidence of such filing to the Holders. The Company shall use its best efforts to obtain the listing, subject to official notice of issuance, of such Common Shares and on Nasdaq. So long as the Holder beneficially owns any shares of Series F Preferred Stock or Common Shares, the Company shall timely file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act, and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
Nasdaq Listing; Reporting Status. Prior to the Closing Date, the Company shall file with the Nasdaq Stock Market an application or other document required by Nasdaq for the listing of the Common Shares with Nasdaq and shall provide evidence of such filing to the Buyer. The Company shall use its best efforts to obtain the listing, subject to official notice of issuance, of the Common Shares on Nasdaq prior to the Closing Date. So long as the Buyer beneficially owns any Preferred Shares or Common Shares, the Company shall maintain the listing of the Common Stock on Nasdaq or a registered national securities exchange. During the Registration Period, the Company shall timely file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act, and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
Nasdaq Listing; Reporting Status. On or prior to the Closing Date, the Company shall file with Nasdaq an application or other document required by Nasdaq for listing of the Common Shares with Nasdaq (which need not for purposes of this Agreement be accompanied by the applicable fees of Nasdaq) and shall provide evidence of such filing to the Buyer. So long as the Buyer beneficially owns any Preferred Shares, Warrants or Common Shares, the Company will use its best efforts to maintain the listing of the Common Stock on the Nasdaq or another national securities exchange. So long as the Company is required to maintain effectiveness of the Registration Statement in accordance with Section 8 and its shares of Common Stock are publicly traded, the Company shall timely file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the 1934 Act, and the Company shall not, during the period the Company is required to keep the Registration Statement effective pursuant to Section 8(b), terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would permit such termination.
Nasdaq Listing; Reporting Status. As soon as reasonably possible after the Closing, the Company shall file a notification form for listing of additional shares with Nasdaq covering the Shares and shall, if requested, provide evidence of such filing to the Holder. The Company shall use its best efforts (subject to standards of commercial reasonableness) to obtain the listing, subject to official notice of issuance, of such Shares on Nasdaq. So long as the Holder beneficially owns any Shares, the Company shall timely file all reports required to be filed with the SEC pursuant to Section 13 or 15(d) of the Exchange Act, and the Company shall not terminate its status as an issuer required to file reports under the Exchange Act even if the Exchange Act or the rules and regulations thereunder would permit such termination.
