Nasdaq Waiver Sample Clauses

Nasdaq Waiver. The Company shall have received from the NASDAQ Stock Market a waiver in form and substance reasonably satisfactory to the GAP Purchasers and ICP from Nasdaq Marketplace Rules 4350 and 4351 to the extent applicable in connection with the sale and issuance of the Initial Purchased Shares and complied with any conditions contained in such waiver in order to consummate the transactions contemplated hereby at the First Closing. The Common Stock issuable upon conversion of the Initial Purchased Shares will be accepted for listing on the Nasdaq Stock Market pending official notice of issuance.
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Nasdaq Waiver. As promptly as reasonably practicable after the date hereof, Global Crossing will seek a waiver from Nasdaq of NASD Rule 4350(i)(1)(D) regarding the requirement that shareholder approval be obtained prior to the issuance of certain securities (the “Nasdaq Waiver”) and will use its reasonable best efforts to obtain the Nasdaq Waiver as promptly as possible after the date hereof and, in any event, prior to the earlier to occur of the issuance of the GCL Notes and the Closing Date. Global Crossing will comply with the requirements of NASD Rule 4350(i)(2) in seeking the Nasdaq Waiver, will promptly provide STT Crossing and STT Hungary with copies of any correspondence or written materials delivered to, or received from, Nasdaq in connection with the Nasdaq Waiver and will promptly notify STT Crossing of any material developments in connection with the Nasdaq Waiver.
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Nasdaq Waiver. By the NASDAQ Letter, NASDAQ granted the Company a financial viability exception pursuant to NASDAQ Rule 5635(f) waiving the requirement that the Company obtain stockholder approval for the consummation of the Transactions (the “NASDAQ Waiver”). The NASDAQ Waiver is in full force and effect, and has not been modified, revoked or expired, as of the date hereof and the issuance and sale of the Purchased Securities hereunder does not contravene NASDAQ Rules. The Company has provided true and correct copies of the NASDAQ Waiver to the Investors.
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Nasdaq Waiver. The Company shall deliver to the Purchasers a written exemption from NASDAQ, in form and substance reasonably satisfactory to the Purchasers, from the stockholder approval requirement of Nasdaq Marketplace Rule 4350, in connection with the sale and issuance of the shares of Preferred Stock, the Conversion Shares issuable upon conversion of the shares of Preferred Stock, the Warrants and the Warrant Shares, and the Company shall have complied with any conditions contained in such exemption in order to consummate the transactions contemplated hereby at the Closing. The Company shall have taken all reasonable steps necessary to ensure that the Conversion Shares issuable upon conversion of the Purchased Notes and exercise of the Warrants will have been accepted for listing on NASDAQ pending official notice of issuance.
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Nasdaq Waiver. The Company shall have been granted a waiver by the Nasdaq Stock Market, Inc. of the requirement that a Company obtain stockholder approval in connection with the issuance of in excess of 19.999% of the issued and outstanding shares of Common Stock upon conversion of the Notes and/or exercise of the Warrants.
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Related to Nasdaq Waiver

  • Nasdaq Stock Market The Public Securities have been authorized for listing, subject to official notice of issuance and evidence of satisfactory distribution, on The Nasdaq Stock Market (the “Nasdaq”), and the Company knows of no reason or set of facts that is likely to adversely affect such authorization.

  • Nasdaq Matters (a) Parent shall file a notification of listing of additional shares (or such other form as may be required) with Nasdaq with respect to the shares of Parent Common Stock to be issued in the Merger and such other shares of Parent Common Stock to be reserved for issuance in connection with the Merger, and shall use reasonable best efforts to cause the shares of Parent Common Stock to be issued in the Merger and such other shares of Parent Common Stock to be reserved for issuance in connection with the Merger to be approved for listing on the Nasdaq, subject to official notice of issuance, prior to the Effective Time.

  • Nasdaq Capital Market The Public Securities have been authorized for listing, subject to official notice of issuance and evidence of satisfactory distribution, on the Nasdaq Capital Market (“Nasdaq”), and the Company knows of no reason or set of facts that is likely to adversely affect such authorization.

  • NASDAQ Approval The Company shall have filed with Nasdaq a Notification Form: Listing of Additional Shares for the listing of the Shares.

  • Nasdaq Compliance The Company's Common Stock is registered pursuant to Section 12(g) of the Exchange Act and listed on Nasdaq, and the Company has not been contacted by the National Association of Securities Dealers, Inc. ("NASD"), either orally or in writing, concerning potential delisting of the Common Stock from the NASDAQ National Market System.

  • Nasdaq Listing The shares of Parent Common Stock to be issued in the Merger shall have been authorized for listing on Nasdaq, subject to notice of issuance.

  • Nasdaq National Market The Common Stock is registered pursuant to Section 12(b) of the Exchange Act and is listed on the Nasdaq National Market ("Nasdaq"), and, except as contemplated by this Agreement, 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 delisting the Common Stock from Nasdaq, nor has the Company received any notification that the SEC or the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listing.

  • The Nasdaq Capital Market By the Effective Date, the Securities shall have been approved for trading on the Nasdaq Capital Market.

  • Nasdaq Until the consummation of a Business Combination, the Company will use its best efforts to maintain the listing of the Public Securities on Nasdaq or a national securities exchange acceptable to the Representative.

  • The Nasdaq Global Market By the Effective Date, the Securities shall have been approved for trading on the Nasdaq Global Market.

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