Common use of NYSE Listing of Shares Clause in Contracts

NYSE Listing of Shares. To the extent the Company has not done so prior to the date of this Agreement, the Company shall as promptly as practicable following the date of this Agreement cause the aggregate number of shares of Common Stock issuable upon the conversion of the Initial Acquired Shares and Supplemental Acquired Shares and any accrued and unpaid dividends to be approved for listing on the NYSE. From time to time following the Initial Closing Date, the Company shall cause the number of shares of Common Stock issuable upon conversion or redemption of the then outstanding shares of Series A Preferred Stock, and any accrued and unpaid dividends thereon, to be approved for listing on the NYSE.

NYSE Listing of Shares. To the extent the Company has not done so prior to the date of this Agreement, the Company shall shall, as promptly as practicable following the date of this Agreement and in any event, prior to the Closing, cause the aggregate number of shares of Common Stock issuable upon the conversion of the Initial Acquired Shares and Supplemental Acquired Shares and (including any accrued and unpaid dividends thereon, assuming conversion of the Acquired Shares on the seventh anniversary of the Closing Date) to be approved for listing on the NYSE. From time to time following the Initial Closing Date, the Company shall cause the number of shares of Common Stock issuable upon conversion or redemption of the then outstanding shares of Series A Preferred Stock, Stock and any accrued and unpaid dividends thereon, thereon to be approved for listing on the NYSENYSE prior to such issuance.

NYSE Listing of Shares. To the extent the Company has not done so prior to the date of this Agreement, the Company shall as promptly as practicable following the date of this Agreement cause the aggregate number of shares of Common Stock issuable upon the conversion of the Initial Acquired Shares and Supplemental Acquired Shares and any accrued and unpaid dividends to be approved for listing on the NYSE. From time to time following the Initial Closing Date, the Company shall cause the number of shares of Common Stock issuable upon conversion or redemption of the then outstanding shares of Series A B Preferred Stock, and any accrued and unpaid dividends thereon, to be approved for listing on the NYSE.