Reservation and Listing of Common Stock. The Company will at all times reserve and keep available, solely for issuance and delivery upon the exercise of the Warrants, all shares of Common Stock from time to time issuable upon such exercise. All such shares shall be authorized and, when issued upon such exercise, shall be validly issued, fully paid and nonassessable with no liability on the part of the holder thereof. The Company, at its expense, will list on the NASDAQ system, including the Nasdaq National Market, if applicable, and on each national securities exchange on which any Common Stock may at any time be listed, subject to official notice of issuance, and will maintain such listing of, the shares of Common Stock from time to time issuable upon the exercise of the Warrants.
Reservation and Listing of Common Stock. The Company will at all times reserve and keep available, solely for issuance and delivery upon the exercise of the Warrants, all shares of Common Stock from time to time issuable upon such exercise. All such shares shall be duly and validly issued, fully paid and nonassessable with no liability on the part of the holder thereof. The Company, at its expense, will list on The Nasdaq SmallCap Market (subject to official notice of issuance) and will maintain such listing of, the shares of Common Stock from time to time issuable upon the exercise of the Warrants.
Reservation and Listing of Common Stock. The Corporation hereby covenants that any Shares issued upon the conversion of the Designated Preferred Stock in accordance with this Certificate of Designations shall be duly and validly authorized and issued, fully paid and nonassessable and free from all taxes, liens and charges (other than liens or charges created by a holder of Designated Preferred Stock, income and franchise taxes incurred in connection with the conversion of the Designated Preferred Stock or taxes in respect of any transfer occurring contemporaneously therewith). The Corporation shall at all times reserve and keep available, out of its authorized but unissued Common Stock, solely for the purpose of providing for the conversion of the Designated Preferred Stock, the aggregate number of shares of Common Stock then issuable upon conversion of the Designated Preferred Stock at any time. The Corporation shall (A) procure, at its sole expense, the listing of the Shares issuable upon conversion of the Designated Preferred Stock at any time, subject to issuance or notice of issuance, on all principal stock exchanges on which the Common Stock is then listed or traded and (B) maintain such listings of such Shares at all times after issuance. The Corporation shall use reasonable best efforts to ensure that the Shares may be issued without violation of any applicable law or regulation or of any requirement of any securities exchange on which the Shares are listed or traded.
Reservation and Listing of Common Stock. (a) The Company shall maintain a reserve of the Required Minimum from its duly authorized shares of Common Stock for issuance pursuant to the Transaction Documents in such amount as may then be required to fulfill its obligations in full under the Transaction Documents.
Reservation and Listing of Common Stock. As of the date hereof, the Company has reserved and the Company shall continue to reserve and keep available at all times, free of preemptive rights, a sufficient number of shares of Common Stock for the purpose of enabling the Company to issue the Shares pursuant to this Agreement. The Company shall use commercially reasonably efforts to (i) list the shares of Common Stock on the NASDAQ National Market System and (ii) as soon as reasonably practicable following the Closing, list all of the shares of Common Stock on said Trading Market. The Company further agrees that if the Company applies and is accepted to have the Common Stock traded on any other Trading Market, it will use commercially reasonable efforts to list all of the shares of Common Stock on said Trading Market, and will take such other action as is reasonably necessary to cause the shares of Common Stock to be listed on such other Trading Market as promptly as possible. Once so listed, the Company will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market.
Reservation and Listing of Common Stock. As of the date hereof, the Company has reserved and the Company shall continue to reserve and keep available at all times, free of preemptive rights, a sufficient number of shares of Common Stock for the purpose of enabling the Company to issue Shares pursuant to this Agreement. The Company hereby agrees to use best efforts to maintain the listing or quotation of the Common Stock on the Trading Market on which it is currently listed, and if required concurrently with the Closing, the Company shall apply to list or quote all of the Shares on such Trading Market and promptly secure the listing of all of the Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded on any other Trading Market, it will then include in such application all of the Shares, and will take such other action as is necessary to cause all of the Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Reservation and Listing of Common Stock. The Company will at all times reserve a sufficient number of shares of Common Stock to provide for the issuance of the same upon the exercise of all outstanding Warrants. All such shares shall be authorized and, when issued upon such exercise, shall be validly issued, fully paid and nonassessable. Upon the exercise of any of the Warrants, the Company, at its expense, will list on the Nasdaq system, including the Nasdaq SmallCap Market, if applicable, and on each national securities exchange on which any Common Stock may be listed, subject to official notice of issuance, and will use its best efforts to maintain such listing of, the shares of Common Stock issued upon the exercise of any Warrant.
Reservation and Listing of Common Stock. (a) The Company shall reserve and keep available at all times in favor of each Purchaser a number of shares of Common Stock equal to three times the number of shares of Common Stock issuable upon conversion of the Notes and exercise of the Warrants (the “Required Minimum”).
Reservation and Listing of Common Stock. As of the date hereof, the Company has reserved and the Company shall continue to reserve and keep available at all times, free of preemptive rights, a sufficient number of shares of Common Stock for the purpose of enabling the Company to issue the Shares pursuant to this Agreement and the Additional Investment Right Shares pursuant to any exercise of the Additional Investment Rights. The Company shall use commercially reasonably efforts to (i) list the Shares and the Additional Investment Right Shares on the NASDAQ National Market System and (ii) as soon as reasonably practicable following the Closing, list all of the Shares and the Additional Investment Right Shares on said Trading Market. The Company further agrees that if the Company applies and is accepted to have the Common Stock traded on any other Trading Market, it will use commercially reasonable efforts to list all of the Shares and the Additional Investment Right Shares on said Trading Market, and will take such other action as is reasonably necessary to cause the Shares and the Additional Investment Right Shares to be listed on such other Trading Market as promptly as possible. Once so listed, the Company will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market.
Reservation and Listing of Common Stock. The Company shall at all times through the Expiration Date keep reserved, out of its authorized and unissued Common Stock, a sufficient number of shares of Common Stock to provide for the issuance of the same upon the exercise of all outstanding Warrants. All such shares shall be authorized and, when issued upon such exercise, shall be validly issued, fully paid and nonassessable. Upon the exercise of any of the Warrants, the Company, at its expense, shall list on the Nasdaq National Market (or if the Company is no longer listed on the Nasdaq National Market System, the Nasdaq market or exchange for which the Company's Common Stock is listed), subject to official notice of issuance, the shares of Common Stock issued upon exercise of any Warrant.
