Registration and Listing; Effective Registration. Until such time as no Debentures or Warrants are outstanding, the Company will cause the Common Stock to continue at all times to be registered under Section 12(g) of the Exchange Act, will comply in all respects with its reporting and filing obligations under the Exchange Act, and will not take any action or file any document (whether or not permitted by the Exchange Act or the rules thereunder) to terminate or suspend such reporting and filing obligations. Until such time as no Debentures or Warrants are outstanding, the Company shall continue the listing or trading of the Common Stock on the Nasdaq NMS or one of the other Approved Markets and comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of the Approved Market on which the Common Stock is listed. The Company shall cause the Common Shares and the Warrant Shares to be listed on the Nasdaq NMS no later than the registration of the Common Shares or the Warrant Shares under the Act, and at all times shall continue such listing(s) on one of the Approved Markets. As used herein and in the Registration Rights Agreement, the Debenture and the Warrants, the term "EFFECTIVE REGISTRATION" shall mean that all registration obligations of the Company pursuant to the Registration Rights Agreement and this Agreement have been satisfied, all Registrable Securities (as defined in the Registration Rights Agreement) have been registered for resale by the Investors, such registration is not subject to any suspension or stop order, the prospectus for the Common Shares issuable upon conversion of the Debentures and the Warrant Shares issuable upon exercise of the Warrants is current and such Common Shares and Warrant Shares are listed for trading on one of the Approved Markets and such trading has not been suspended for any reason, none of the Company or any direct or indirect subsidiary of the Company is subject to any bankruptcy, insolvency or similar proceeding, and no Interfering Event (as defined in Section 2(b) of the Registration Rights Agreement) exists.
Registration and Listing; Effective Registration. Until such time as six months following the date on which all of the Warrants have either have been exercised or have expired, the Company will cause the Shares to continue at all times to be registered under Sections 12(b) or (g) of the 1934 Act or listed on AIM, will comply in all material respects with its reporting and filing obligations under the 1934 Act or under the bylaws or rules of AIM, and will not take any action or file any document (whether or not permitted by the 1934 Act or the rules thereunder) to terminate or suspend such reporting and filing obligations. Until such time as the Warrants are no longer outstanding, the Company shall use its best efforts to continue the listing or trading of the Shares and the Warrant Shares, if applicable, on the Principal Market or one of the other Approved Markets and shall comply in all material respects with the Company's reporting, filing and other obligations under the bylaws or rules of the Approved Market on which the Common Stock is listed. The Company shall use its best efforts to cause the Warrant Shares to be listed on the Principal Market or one of the other Approved Markets no later than the date of issuance of the Warrant, and shall use its best efforts to continue such listing(s) on one of the Approved Markets, for so long as the Warrants are outstanding.
Registration and Listing; Effective Registration. Until such time as no Preferred Shares, Additional Preferred Shares or Warrants are outstanding and the Preferred Share Option (as defined below) shall have expired, the Company will cause the Common Stock to continue at all times to be registered under Sections 12(b) or (g) of the 1934 Act, will comply in all material respects with its reporting and filing obligations under the 1934 Act, and will not take any action or file any document (whether or not permitted by the 1934 Act or the rules thereunder) to terminate or suspend such reporting and filing obligations. Until such time as no Preferred Shares, Additional Preferred Shares or Warrants are outstanding and the Preferred Share Option (as defined below) shall have expired, the Company shall continue the listing or trading of the Common Stock on the Principal Market or one of the other Approved Markets and comply in all material respects with the Company's reporting, filing and other obligations under the bylaws or rules of the Approved Market on which the Common Stock is listed. The Company shall cause the Common Shares to be listed on the Principal Market or one of the other Approved Markets no later than the effectiveness of the registration of the Common Shares under the Act, and shall continue such listing(s) on one of the Approved Markets, for so long as any Preferred Shares, Additional Preferred Shares or Warrants are outstanding and the Preferred Share Option has not expired.
Registration and Listing; Effective Registration. Until such time as the Notes are no longer outstanding and the Warrants have expired, the Company will cause the Common Stock to continue at all times to be registered under Sections 12(b) or (g) of the 1934 Act, will comply in all material respects with its reporting and filing obligations under the 1934 Act, and will not take any action or file any document (whether or not permitted by the 1934 Act or the rules thereunder) to terminate or suspend such reporting and filing obligations. Until such time as the Note and Warrant are no longer outstanding, the Company shall use its best efforts to continue the listing or trading of the Common Stock on the Principal Market or one of the Subsequent Markets and shall comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Subsequent Market on which the Common Stock is listed. The Company shall use its commercially reasonable efforts to cause the Conversion Shares and Warrant Shares to be listed on the Principal Market or one of the other Subsequent Markets and shall use its best efforts to continue such listing(s) on one of the Subsequent Markets, for so long as the Note or Warrant are outstanding.
Registration and Listing; Effective Registration. For so long as the Preferred Shares are outstanding, the Company will use its commercially reasonable best efforts to cause the Common Stock which is registered on the date hereof to continue at all times to be so registered under Section 12(b) or Section 12(g) of the Exchange Act, will comply in all respects with its reporting and filing obligations under the Exchange Act, and will not take any action or file any document (whether or not permitted by the Exchange Act or the rules thereunder) to terminate or suspend such reporting and filing obligations; provided that the foregoing shall not prevent the Company from entering into a tender offer or merger pursuant to which it ceases to become a public reporting company. Until such time as no Preferred Shares are outstanding, the Company shall use its commercially reasonable best efforts to continue the trading of the Common Stock on the over-the-counter market and comply in all material respects with the Company's reporting, filing and other obligations under the bylaws or rules of the market on which the Common Stock is traded except that the Purchaser acknowledges that the Company may not file audited financial statements for Cummins Family Produce as an exhibit to the Form 8-K it will file in connection with this Agreement.
Registration and Listing; Effective Registration. Until such time as no Preferred Shares or Additional Preferred Shares are outstanding, the Company will cause the Common Stock to continue at all times to be registered under Sections 12(b) or (g) of the Exchange Act, will comply in all material respects with its reporting and filing obligations under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and will not take any action or file any document (whether or not permitted by the Exchange Act or the rules thereunder) to terminate or suspend such reporting and filing obligations. Until such time as no Preferred Shares or Additional Preferred Shares are outstanding, the Company shall continue the listing or trading of the Common Stock on the Principal or one of the other Approved Markets and comply in all material respects with the Company's reporting, filing and other obligations under the bylaws or rules of the Approved Market on which the Common Stock is listed. The Company shall cause the Common Shares to be listed on the Principal or one of the other Approved Markets no later than the effectiveness of the registration of the Common Shares under the Act, and shall continue such listing(s) on one of the Approved Markets, for so long as any Preferred Shares or Additional Preferred Shares are outstanding.
Registration and Listing; Effective Registration. (i) During the Registration Period (as defined in the Registration Rights Agreement) the Company will:
(A) comply in all material respects with its reporting and filing obligations under the Exchange Act;
(B) use its best efforts to cause the Common Stock to be registered under Sections 12(b) or (g) of the Exchange Act;
(C) use its best efforts to cause the Common Stock to be listed and/or quoted on the Principal Market and each other national securities exchange and automated quotation system, if any, upon which shares of Common Stock are then listed or quoted (subject only to official notice of issuance); and
(D) comply in all material respects with the Company's reporting, filing and other obligations under the bylaws or rules of the Principal Market.
(ii) The Company shall use its best efforts to cause the Shares and the Warrant Shares to be listed and/or quoted on the Principal Market no later than the Effective Date.
(iii) The Company shall pay all fees and expenses in connection with satisfying its obligations under this Section 5(h).
Registration and Listing; Effective Registration. For so long as the Preferred Shares and Warrants are outstanding, the
Registration and Listing; Effective Registration. For so long as the Securities are outstanding, the Company will cause the Common Stock issuable upon the exercise of the Securities to continue at all times to be registered under Section 12(b) or Section 12(g) of the Exchange Act, will comply in all respects with its reporting and filing obligations under the Exchange Act, and will not take any action or file any document (whether or not permitted by the Exchange Act or the rules thereunder) to terminate or suspend such reporting and filing obligations. Until such time as no Securities are outstanding, the Company shall continue the listing or trading of the Common Stock on the Nasdaq National Market System or one of the other Approved
Registration and Listing; Effective Registration. Until such time as no Debentures or Warrants are outstanding, the Company will cause the Common Stock
