NYSE American. The Public Securities have been authorized for listing, subject to official notice of issuance and evidence of satisfactory distribution, on the NYSE American (the “NYSE American”), and the Company knows of no reason or set of facts that is likely to adversely affect such authorization.
NYSE American. Until the consummation of a Business Combination, the Company will use its best efforts to maintain the listing of the Public Securities on the NYSE American or a national securities exchange acceptable to the Representative.
NYSE American. The Securities shall have been approved for listing on the NYSE American, subject to official notice of issuance and evidence of satisfactory distribution, satisfactory evidence of which shall have been provided to the Representative.
NYSE American. The Company shall have submitted a listing of additional shares notification form to the NYSE American, LLC with respect to the Offered Shares and shall have received no objection thereto from the NYSE American, LLC.
NYSE American. The shares of Parent Common Stock issuable to the holders of Eligible Shares pursuant to this Agreement shall have been authorized for listing on the NYSE American, subject to official notice of issuance.
NYSE American. Asterias is in material compliance with the applicable criteria for continued listing of the shares of Asterias Common Stock on NYSE American, including all applicable corporate governance rules and regulations.
NYSE American. BioTime is in material compliance with the applicable criteria for continued listing of the BioTime Common Shares on NYSE American, including all applicable corporate governance rules and regulations.
NYSE American. Pursuant to exemptions, set out in the NYSE American company handbook, in no event shall the Company be obligated to issue a number of Shares under this Agreement equal to more than 19.9% of its outstanding shares of Common Stock, determined immediately prior to the Closing, and the Company agrees not to issue shares of Common Stock in any other related transaction or series of transactions (whether an additional financing or an acquisition transaction in consideration, in whole or part, for Common Stock) that would be integrated herewith and counted together so as to exceed such threshold.
NYSE American. In order to comply with NYSE AMERICAN rules, in no event shall the Company be obligated to issue a number of Shares under this Agreement equal to more than 19.9% of its outstanding shares of Common Stock, determined immediately prior to the Closing, and the Company agrees not to issue shares of Common Stock in any other related transaction or series of transactions (whether an additional financing or an acquisition transaction in consideration, in whole or part, for Common Stock) that would be integrated herewith and counted together so as to exceed such threshold.
NYSE American. The NYSE American has not objected to the terms and conditions of this Agreement or the Series B Articles Supplementary.
