Common use of Reporting Company Status Clause in Contracts

Reporting Company Status. The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, and has the requisite corporate power to own its properties and to carry on its business as now being conducted. The Company is duly qualified as a foreign corporation to do business and is in good standing in each jurisdiction where the nature of the business conducted or property owned by it makes such qualification necessary other than those jurisdictions in which the failure to so qualify would not have a material and adverse effect on the business, operations, properties, prospects or condition (financial or otherwise) of the Company. The Company has registered its Common Stock pursuant to Section 12 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the Common Stock is listed and traded on the NASDAQ/Small Cap Market. The Company shall promptly provide to Buyer copies of any notices it receives regarding the continued eligibility of the Common Stock for listing on the NASDAQ/Small Cap Market.

Reporting Company Status. The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of DelawareNew York, and has the requisite corporate power to own its properties and to carry on its business as now being conducted. The Company is duly qualified as a foreign corporation to do business and is in good standing in each jurisdiction where the nature of the business conducted or property owned by it makes such qualification necessary other than those jurisdictions in which the failure to so qualify would not have a material and adverse effect on the business, operations, properties, prospects or condition (financial or otherwise) of the Company. The Company has registered its Common Stock pursuant to Section 12 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the Common Stock is listed and traded on the NASDAQ/Small Cap NASDAQ Capital Market. The Company shall promptly provide to Buyer holders of the Debentures copies of any notices it receives regarding the continued eligibility of the Common Stock for listing on the NASDAQ/Small Cap NASDAQ Capital Market.

Reporting Company Status. The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of DelawareColorado, and has the requisite corporate power to own its properties and to carry on its business as now being conducted. The Company is duly qualified as a foreign corporation to do business and is in good standing in each jurisdiction where the nature of the business conducted or property owned by it makes such qualification necessary other than those jurisdictions in which the failure to so qualify would not have a material and adverse effect on the business, operations, properties, prospects or condition (financial or otherwise) of the Company. The Company has registered its Common Stock pursuant to Section 12 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the Common Stock is listed and traded on the NASDAQ/Small Cap Market. The Company shall promptly provide to Buyer copies of any notices it receives regarding the continued eligibility of the Common Stock for listing on the NASDAQ/Small Cap Market.

Reporting Company Status. The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of DelawareNew York, and has the requisite corporate power to own its properties and to carry on its business as now being conducted. The Company is duly qualified as a foreign corporation to do business and is in good standing in each jurisdiction where the nature of the business conducted or property owned by it makes such qualification necessary other than those jurisdictions in which the failure to so qualify would not have a material and adverse effect on the business, operations, properties, prospects or condition (financial or otherwise) of the Company. The Company has registered its Common Stock pursuant to Section 12 of the Securities Exchange Act of 1934, as amended (the "Exchange 1934 Act"), and the Common Stock is listed and traded on the The NASDAQ/Small Cap SmallCap Market. The Company shall promptly provide has received no notice, either oral or written, with respect to Buyer copies of any notices it receives regarding the continued eligibility of the Common Stock for listing on such listing, and the NASDAQ/Small Cap MarketCompany has maintained all requirements for the continuation of such listing.

Reporting Company Status. The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, and has the requisite corporate power to own its properties and to carry on its business as now being conducted. The Company is duly qualified as a foreign corporation to do business and is in good standing in each jurisdiction where the nature of the business conducted or property owned by it makes such qualification necessary other than those jurisdictions in which the failure to so qualify would not have a material and adverse effect on the business, operations, properties, prospects or condition (financial or otherwise) of the Company. The Company has registered its Common Stock pursuant to Section 12 of the Securities Exchange Act of 1934, as amended (the "Exchange 1934 Act"), and the Common Stock is listed and traded on the NASDAQ/Small Cap SmallCap Market. The Company shall promptly provide has received no notice, either oral or written, with respect to Buyer copies of any notices it receives regarding the continued eligibility of the Common Stock for listing on such listing, and the NASDAQ/Small Cap MarketCompany has maintained all requirements for the continuation of such listing.

Reporting Company Status. The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, and has the requisite corporate power to own its properties and to carry on its business as now being conducted. The Company is duly qualified as a foreign corporation to do business and is in good standing in each jurisdiction where the nature of the business conducted or property owned by it makes such qualification necessary other than those jurisdictions in which the failure to so qualify would not have a material and adverse effect on the business, operations, properties, prospects or condition (financial or otherwise) of the Company. The Company has registered its Common Stock pursuant to Section 12 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the Common Stock is listed and traded on the NASDAQNasdaq Stock Market/Small Cap SmallCap Market. The Company shall promptly provide to Buyer copies of any notices it receives regarding the continued eligibility of the Common Stock for listing on the NASDAQNasdaq Stock Market/Small Cap SmallCap Market.