Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any national securities exchange, market, trading or quotation facility on which the Common Stock is then traded, prepare and file with such national securities exchange, market, trading or quotation facility on which the Common Stock is then traded an additional shares listing application covering a number of shares of Common Stock which is not less than the Initial Minimum, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing on any such national securities exchange, market or trading or quotation facility on which the Common Stock is then listed as soon as possible thereafter, and (iii) provide to the Purchasers evidence of such listing, and the Company shall maintain the listing of its Common Stock thereon. If the number of Underlying Shares issuable upon (x) conversion in full of the then outstanding Debentures and (y) exercise in full of the then unexercised portion of the Warrants, exceeds eighty-five percent (85%) of the number of Underlying Shares previously listed on account thereof with any such required exchanges, then the Company shall take the necessary actions to immediately list a number of Underlying Shares as equals no less than the then Current Required Minimum.
Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by the NASDAQ (subject to any waiver received from NASDAQ) and such other national securities exchange or market or trading or quotation facility on which the Common Stock is then listed for trading but in any event no later than two (2) Trading Days following the Closing Date, prepare and file with the NASDAQ (and such other national securities exchange or market or trading or quotation facility on which the Common Stock is then listed for trading) an additional shares listing application covering a number of shares of Common Stock which is not less than the Initial Minimum, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing in the NASDAQ or on any other primary national securities exchange or market or trading or quotation facility on which the Common Stock is then listed) as soon as possible thereafter, and (iii) provide to the Purchasers evidence of such listing, and the Company shall maintain the listing of its Common Stock thereon. If the number of Underlying Shares issuable upon exercise of the then unexercised portion of the Warrants exceeds 85% of the number of Underlying Shares previously listed on account thereof with NASDAQ (and any such other required exchanges), then the Company shall take the necessary actions to immediately list a number of Underlying Shares as equals no less than the then Current Required Minimum.
Reservation and Listing of Underlying Shares. (a) The Purchaser -------------------------------------------- shall make sure that the Company shall (i) in the time and manner required by any national securities exchange, market, trading or quotation facility on which the common stock is then traded, prepare and file with such national securities exchange, market, trading or quotation facility on which the common stock is then traded an additional shares listing application covering a number of shares of common stock which is not less than the Shares, (ii) take all steps necessary to cause such shares of common stock to be approved for listing on any such national securities exchange, market or trading or quotation facility on which the common stock is then listed as soon as possible thereafter, and (iii) provide to the Purchasers evidence of such listing, and the Company shall maintain the listing of its common stock thereon.
Reservation and Listing of Underlying Shares. (a) If, after the date hereof, the Company shall list the Common Stock on any of the New York Stock Exchange, American Stock Exchange, NASDAQ National Market or NASDAQ SmallCap Market (each, a "SUBSEQUENT MARKET"), then the Company shall include in such listing for the benefit of the Purchasers for issuance upon exercise of the Warrants and conversion of the Shares a number of shares of Common Stock equal to not less than the then Current Required Minimum. If the number of Underlying Shares issuable upon conversion in full of the then outstanding Shares, as payment of dividends thereon, and upon exercise of the then unexercised portion of the Warrants exceed the number of Underlying Shares previously listed on account thereof with a Subsequent Market, then the Company shall take the necessary actions to immediately list a number of Underlying Shares as equals no less than the then Current Required Minimum.
Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any exchange, market or quotation system on which the Common Stock is traded, prepare and file with such securities exchange or market or trading or quotation facility on which the Common Stock is listed an additional shares listing application covering a number of shares of Common Stock which is not less than the Initial Minimum, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing on any such securities exchange or market or trading or quotation facility as soon as possible thereafter, and (iii) provide to the Purchasers evidence of such listing, and the Company shall maintain the listing of its Common Stock thereon. If the number of Underlying Shares issuable upon conversion in full of the then outstanding Shares and upon exercise in full of the then unexercised portion of the Warrants exceeds 85% of the number of Underlying Shares previously listed on account thereof, then the Company shall take the necessary actions to immediately list a number of Underlying Shares as equals no less than the then Current Required Minimum.
Reservation and Listing of Underlying Shares. The Purchaser acknowledges and represents that it is a currently a reporting company as defined by any Securities and Exchange Rules and Regulations and states that the shares of the Purchaser have been registered under Section 15(d) of the Exchange Act and are eligible for trading on the OTC Bulletin Board upon the filing of a 15c2-11. The Purchaser has complied with all applicable laws, rules and regulations including without limitation the requirements of the Securities and Exchange Act through the closing of this transaction.
Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by NASDAQ and such other exchange, market or quotation facility on which the Common Stock is traded, prepare and file with the NASDAQ (and such national securities exchange, market or trading or quotation facility on which the Common Stock is then traded) an additional shares listing application covering a number of shares of Common Stock which is not less than the Initial Minimum, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing on the NASDAQ (as well as on any such other national securities exchange or market or trading or quotation facility on which the Common Stock is then listed) as soon as possible thereafter, and (iii) provide to the Purchasers evidence of such listing, and the Company shall maintain the listing of its Common Stock thereon. If the number of Underlying Shares issuable upon conversion in full of the Notes exceeds 85% of the number of Underlying Shares previously listed on account thereof with NASDAQ (and any such other required exchanges), then the Company shall take the necessary actions to immediately list a number of Underlying Shares as equals no less than the then Current Required Minimum.
Reservation and Listing of Underlying Shares. The Company shall (i) in the time and manner required by NASDAQ and such other exchange, market or quotation system on which the Common Stock is traded, prepare and file with NASDAQ (and such national securities exchange, market, trading or quotation facility on which the Common Stock is then traded) an additional shares listing application covering a number of shares of Common Stock which is not less than the Initial Minimum, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing in the NASDAQ (as well as on any such other national securities exchange or market or trading or quotation facility on which the Common Stock is then listed) as soon as possible thereafter, and (iii) provide to the Purchasers evidence of such listing, and the Company shall maintain the listing of its Common Stock thereon. If the number of Underlying Shares issuable upon exercise of the then unexercised portion of the Warrants exceeds 85% of the number of Underlying Shares previously listed on account thereof with NASDAQ (and any such other required exchanges), then the Company shall take the EXHIBIT 10(A)-13. necessary actions to immediately list a number of Underlying Shares as equals no less than the then Current Required Minimum. The Company shall maintain a reserve of shares of Common Stock for issuance upon exercise in full of the Warrants in accordance with this Agreement and the Warrants, respectively, in such amount as may be required to fulfill its obligations in full under the Transaction Documents, which reserve shall equal no less than the then Current Required Minimum.
Reservation and Listing of Underlying Shares. (a) The Company shall maintain a reserve of Common Stock for issuance upon conversion of the Shares (and for payment of dividends thereon in shares of Common Stock) and exercise of the Warrant in such amount as may be required to perform its obligations in full under the Transaction Documents, which reserve shall include a number of shares of Common Stock equal to no less than (i) 200% of the number of shares of Common Stock as would be issuable upon conversion in full of the Shares and upon payment of dividends thereon, and (ii) the number of shares of Common Stock issuable upon exercise of the Warrant.
Reservation and Listing of Underlying Shares. The Company shall maintain a reserve from its duly authorized shares of Common Stock for issuance pursuant to this Agreement in such amount as may be required to fulfill its obligations in full under this Agreement and upon conversion of the Shares and exercise or conversion of the Warrant. In the event that at any time the then authorized shares of Common Stock are insufficient for the Company to satisfy its obligations in full under this Agreement and upon conversion of the Shares and exercise or conversion of the Warrant, the Company shall promptly take such actions as may be required to increase the number of authorized shares. The Company shall take such steps as may be required to cause and maintain the listing of the Underlying Shares on the Trading Market and such other exchange, market or quotation facility on which the Common Stock is traded.
