Common use of Nasdaq Listing; Reporting Status Clause in Contracts

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an amended listing application or other document required by Nasdaq in order that the listing of shares of Common Stock originally made by the Company in connection with the issuance of the Series G Preferred Stock will be applicable to the Common Shares and, if required by Nasdaq because the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. Within ten days after the Closing DateOn or before February 7, 1997, the Company shall file with Nasdaq an amended listing application or other document required by Nasdaq in order that for the listing of shares (1) the Shares issuable upon conversion of Common Stock originally made the $2 Million Note, (2) the Shares in excess of the number previously listed by the Company in connection with for the issuance of the Series G Preferred Stock will be applicable to the Common Shares Outstanding Note and, (3) if required by Nasdaq because the listing application relating to the Series G Preferred Stock Outstanding Note may not be made applicable to the Common SharesReinvestment Note, shall file with Nasdaq a listing application for the number of Common Shares in addition to those referred to in the immediately preceding clause (2) which may be issuable upon exchange conversion of the Series G Preferred Shares pursuant to this AgreementReinvestment Note, 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 listingthe listing of the Shares on Nasdaq. So long as the Buyer beneficially owns any of the Common SharesSecurities, 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 three years after the Closing Date, terminate its status as aa 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. Within ten days after the Closing Date, the The Company shall timely file with the Nasdaq Stock Market an amended listing application or other document required by Nasdaq in order that the for listing of additional shares of Common Stock originally made by the Company in connection with the issuance of the Series G Preferred Stock will be applicable to covering 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 filingBuyer. The Company shall use its best efforts to obtain such modification or listingthe timely listing of the Common Shares on Nasdaq in accordance with the rules of the Nasdaq Stock Market. So long as the Buyer beneficially owns any of the Preferred Shares or Common Shares, the Company will use its best efforts to 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, prior to the date which is two years after the Closing Date, 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 any Shares, the Company shall furnish to the Buyer copies of all (x) Current Reports on Form 8-K and (y) upon request of the Buyer, other reports and other information, in each such case 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 or so requested, as the case may be.