Common use of Reservation and Listing of Underlying Shares Clause in Contracts

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.

Appears in 7 contracts

Samples: Secured Convertible Debenture Purchase Agreement (Digital Descriptor Systems Inc), Secured Convertible Debenture Purchase Agreement (Digital Descriptor Systems Inc), Convertible Debenture Purchase Agreement (Tidel Technologies Inc)

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Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any national securities NASDAQ and such other exchange, market, trading market or quotation facility system on which the Common Stock is then traded, prepare and file with the NASDAQ (and such other national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then traded facility) 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 OTC Bulletin Board or NASDAQ (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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 Debentures, as payment of interest thereon, and (y) upon exercise in full of the then unexercised portion of the Warrants, Warrants exceeds eighty-five percent (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.

Appears in 5 contracts

Samples: Convertible Debenture Purchase Agreement (Kanakaris Communications Inc), Convertible Debenture Purchase Agreement (American Biomed Inc), Purchase Agreement (Sitestar Corp)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any the AMEX and such other national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then tradedlisted for trading, prepare and file with the AMEX (and such other national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then traded 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 AMEX (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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, Warrants exceeds eighty-five percent (85%) % of the number of Underlying Shares previously listed on account thereof with AMEX (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 MinimumMinimum with respect thereto.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Cel Sci Corp), Securities Purchase Agreement (Cel Sci Corp), Securities Purchase Agreement (Cel Sci Corp)

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.

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement (Amanda Co Inc), Convertible Debenture Purchase Agreement (Amanda Co Inc)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any NASDAQ and such other exchange, market or quotation system on which the Common Stock is traded, prepare and file with the NASDAQ (and such other national securities exchange, market, exchange or market or 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 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 in the NASDAQ (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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 Shares and (y) upon exercise in full of the then unexercised portion of the Warrants, Warrants exceeds eighty-five percent (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.

Appears in 2 contracts

Samples: Registration Rights Agreement (New Frontier Media Inc /Co/), Convertible Preferred Stock Purchase Agreement (Daw Technologies Inc /Ut)

Reservation and Listing of Underlying Shares. (a) The Company shall (iI) 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 Purchaser 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.

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement (Tidel Technologies Inc), Convertible Debenture Purchase Agreement (Tidel Technologies Inc)

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, exchange or market or trading or quotation facility on which the Common Stock is then traded 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 on any such national securities exchange, 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 (x) conversion in full of the then outstanding Debentures and (y) upon exercise in full of the then unexercised portion of the Warrants, 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 list immediately list a number of Underlying Shares as equals no less than the then Current Required Minimum.

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement (Forest Glade International Inc), Convertible Debenture Purchase Agreement (Onemain Com Inc)

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, exchange or market or trading or quotation facility on which the Common Stock is then traded listed for trading an additional shares listing application covering a number of shares of Common Stock which is not less than the Initial Current Required Minimum, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing on any such national securities exchange, 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 (x) conversion in full of the then outstanding Debentures Debenture and (y) upon exercise in full of the then unexercised portion of the Warrants, Warrant exceeds eighty-five percent (85%) 100% 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 list immediately list a number of Underlying Shares as equals no less than the then Current Required Minimum.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Verso Technologies Inc)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any NASDAQ and such other exchange, market or quotation facility on which the Common Stock is traded, prepare and file with NASDAQ (and such national securities exchange, market, market or 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 the NASDAQ (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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, Warrants exceeds eighty-five percent (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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Chromatics Color Sciences International Inc)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time as soon as possible after Closing, prepare and manner required by any file with NASDAQ (and such other 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 in the NASDAQ (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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, Warrants exceeds eighty-five percent (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 to no less than the then Current Required Minimum.

Appears in 1 contract

Samples: Securities Purchase Agreement (Macrochem Corp)

Reservation and Listing of Underlying Shares. (a) The Company shall -------------------------------------------- (i) in the time and manner required by any national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then traded, prepare and file with such national securities exchange, market, trading exchange or market or quotation facility on which the Common Stock is then traded 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 on any such national securities exchange, 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 (x) conversion in full of the then outstanding Debentures and (y) upon exercise in full of the then unexercised portion of the Warrants, 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.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Aquatic Cellulose International Corp)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any AMEX and such other national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then tradedlisted for trading, prepare and file with AMEX (and such other national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then traded 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 AMEX (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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 Notes and (y) upon exercise in full of the then unexercised portion of the Warrants, Warrants exceeds eighty-five percent (85%) % of the number of Underlying Shares previously listed on account thereof with AMEX (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 MinimumMinimum with respect thereto.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Franklin Telecommunications Corp)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any national securities NASDAQ and such other exchange, market, trading market or quotation facility system on which the Common Stock is then 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 use its best efforts 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, 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 use its best efforts to 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, Warrants exceeds eighty-five percent (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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Jawz Inc)

Reservation and Listing of Underlying Shares. (a) The Company shall -------------------------------------------- (i) in not later than the time fifth (5th)Business Day following the Closing Date prepare and manner required by any file with the NASDAQ (and such other national securities exchange, market, exchange or market or 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 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 in the NASDAQ (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed listed) as soon as possible thereafter, and (iii) provide to the Purchasers Purchaser 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 Shares, as payment of dividends thereon, and (y) upon exercise in full of the then unexercised portion of the Warrants, Warrant exceeds eighty-five percent (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.

Appears in 1 contract

Samples: Registration Rights Agreement (Number Nine Visual Technology Corp)

Reservation and Listing of Underlying Shares. (a) The Company -------------------------------------------- shall (i) in the time and manner required by any national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then traded, prepare and file with such national securities exchange, market, trading exchange or market or quotation facility on which the Common Stock is then traded 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 on any such national securities exchange, 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 (x) conversion in full of the then outstanding Debentures and (y) upon exercise in full of the then unexercised portion of the Warrants, 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aquatic Cellulose International Corp)

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) upon exercise in full of the then unexercised portion of the Warrants, 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.

Appears in 1 contract

Samples: Convertible Debenture Purchase and Exchange Agreement (Moneyzone Com)

Reservation and Listing of Underlying Shares. (a) The Company shall -------------------------------------------- (i) in the time and manner required by any national securities AMEX and such other exchange, market, trading market or quotation facility system on which the Common Stock is then traded, prepare and file with the AMEX (and such other national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then traded facility) 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 AMEX (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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) upon exercise in full of the then unexercised portion of the Warrants, Warrants exceeds eighty-five percent (85%) % of the number of Underlying Shares previously listed on account thereof with AMEX (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.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Sonic Foundry Inc)

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Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by the NASDAQ and any 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, market or 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 the NASDAQ (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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 Shares and (y) upon exercise in full of the then unexercised portion of the Warrants, Warrants exceeds eighty-five percent (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.

Appears in 1 contract

Samples: Registration Rights Agreement (Seranova Inc)

Reservation and Listing of Underlying Shares. (a) The Company shall ---------------------------------------------- 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.

Appears in 1 contract

Samples: Secured Convertible Debenture Purchase Agreement (Demarco Energy Systems of America Inc)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any national securities NASDAQ and such other exchange, market, trading market or quotation facility system on which the Common Stock is then traded, prepare and file with the NASDAQ (and such other national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then traded facility) 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, exchange or market or trading or quotation facility on which the Common Stock is then listed 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 Debentures, as payment of interest thereon, and (y) upon exercise in full of the then unexercised portion of the Warrants, Warrants exceeds eighty-five percent (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.

Appears in 1 contract

Samples: Purchase Agreement (Premier Laser Systems Inc)

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 national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then tradedlisted, 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, exchange or market or trading or quotation facility on which the Common Stock is then listed 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 Notes and (y) upon exercise in full of the then unexercised portion of the Warrants, 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.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Stockgroup Com Holdings Inc)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any AMEX and such other exchange, market or quotation system on which the Common Stock is traded, prepare and file with the AMEX (and such other national securities exchange, market, exchange or market or 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 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 in the AMEX (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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 Shares and (y) upon exercise in full of the then unexercised portion of the Warrants, Warrants exceeds eighty-five percent (85%) % of the number of Underlying Shares previously listed on account thereof with AMEX (and any such other required exchanges), then the Company promptly shall take the necessary actions to immediately list within three Business Days a number of Underlying Shares as equals no less than the then Current Required Minimum.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Hearx LTD)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any national securities exchange, market, exchange or market or trading or quotation facility on which the Common Stock is then traded, prepare and file with such national securities exchange, market, trading exchange or market or quotation facility on which the Common Stock is then traded 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 on any such national securities exchange, 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 (x) conversion in full of the then outstanding Debentures and (y) upon exercise in full of the then unexercised portion of the Warrants, 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.

Appears in 1 contract

Samples: Secured Convertible Debenture Purchase Agreement (Accord Advanced Technologies Inc)

Reservation and Listing of Underlying Shares. (ai) The Company shall shall: (i1) in the time and manner required by any national securities exchange, marketmarket 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 then traded, prepare and file with such national securities exchange, market, trading or quotation facility on which the Common Stock is then traded listed an additional shares listing application covering a number of shares of Common Stock which is not less than the Initial Minimum, (ii2) take all steps necessary to cause such shares of Common Stock to be approved for listing on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed listed, as soon as possible thereafter, and (iii3) provide to the Purchasers Holders evidence of such listing, and the Company shall use its best efforts to 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 principal amount of Exchange Notes and (y) exercise in full of the then unexercised portion of the Warrants, Exchange Warrants exceeds eighty-five percent (85%) % of the number of Underlying Shares previously listed on account thereof with any such required exchangesexchange, then the Company shall promptly (and in any case within 10 Business Days from the Company's discovery of such events) take the necessary actions to immediately list a number of Underlying Shares as equals no less than the then Current Required Minimumsufficient to cover all such Underlying Shares which may so be issued.

Appears in 1 contract

Samples: Securities Exchange Agreement (Stockgroup Information Systems Inc)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in not later than the time tenth (10th) Business Day following the Closing Date prepare and manner required by any file with the NASDAQ (and such other national securities exchange, market, exchange or market or 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 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 in the NASDAQ (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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 Shares and (y) upon exercise in full of the then unexercised portion of the Warrants, Warrants exceeds eighty-five percent (85%) % of the number of Underlying Shares previously listed on account thereof with the NASDAQ (as well as on any such required exchangesother national securities exchange or market or trading or quotation facility on which the Common Stock is then listed), 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.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Tro Learning Inc)

Reservation and Listing of Underlying Shares. (a) The Company shall (i) in the time and manner required by any AMEX and such other exchange, market or quotation system on which the Common Stock is traded, prepare and file with the AMEX (and such other national securities exchange, market, exchange or market or 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 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 the AMEX (as well as on any such other national securities exchange, exchange or market or trading or quotation facility on which the Common Stock is then listed 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) upon exercise in full of the then unexercised portion of the Warrants, Warrants exceeds eighty-five percent (85%) % of the number of Underlying Shares previously listed on account thereof with AMEX (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.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Horizon Pharmacies Inc)

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, exchange or market or trading or quotation facility on which the Common Stock is then traded listed for trading an additional shares listing application covering a number of shares of Common Stock which is not less than the Initial Current Required Minimum, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing on any such national securities exchange, 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 (x) conversion in full of the then outstanding Debentures and (y) upon exercise in full of the then unexercised portion of the Warrants, 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 list immediately list a number of Underlying Shares as equals no less than the then Current Required Minimum.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Eltrax Systems Inc)

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