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 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 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 Datetrading, 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 (as well as on any such 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 Adjustable 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 MinimumMinimum with respect thereto.

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 Datetrading, 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 (as well as on any such 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 Adjustable 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 list immediately list a number of Underlying Shares as equals no less than the then Current Required MinimumMinimum with respect thereto.

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 exchange, market or trading or quotation facility system on which the Common Stock is then listed for trading but in any event no later than two (2) Trading Days following the Closing Datetraded, 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 tradinglisted) 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 (as well as on any such 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 conversion in full of the then outstanding Shares and upon exercise of the then unexercised portion of the Warrants and Redemption Warrants, if any, 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 Company shall (i) in the time and manner required by any exchange, market or quotation system on which the NASDAQ (subject to any waiver received from NASDAQ) Common Stock is traded, prepare and file with 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 such 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 conversion in full of the then unexercised portion of the Warrants outstanding Shares exceeds 85% of the number of Underlying Shares previously listed on account thereof with NASDAQ (and any such other required exchanges)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. The Company shall maintain a reserve of shares of Common Stock for issuance upon the conversion in full of the Shares in accordance with this Agreement and the Certificate of Designation, 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 To the extent required by NASDAQ and such other national securities exchange of market or trading or quotation facility on which the Common Stock is then listed for trading, 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 Datetrading, 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 on the NASDAQ or (as well as on any such 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 the 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 MinimumMinimum with respect thereto.

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 not later than two the fifth (25th) Trading Days Business Day following the each Closing Date, 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 tradinglisted) an additional shares listing application covering a number of shares of Common Stock which is not less than the Initial MinimumMinimum for the Securities to be issued on such Closing Date, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing in the NASDAQ or (as well as on any such 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 conversion in full of the then outstanding Shares, as payment of dividends thereon, and 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 Company shall (i) in the time and manner required by any exchange, market or quotation system on which the NASDAQ (subject to any waiver received from NASDAQ) Common Stock is traded, prepare and file with 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 Datefacility, 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 MinimumStock, (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 such 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 Lenders 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 Notes and upon exercise of the then unexercised portion of the Warrants and Bridge Loan 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 is necessary to enable the then Current Required MinimumCompany to fulfill its conversion and exercise obligations under the Notes and Warrants and Bridge Loan Warrants.

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 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 Datetrading, 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 (as well as on any such 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 conversion in full of the then outstanding Debentures and 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 list immediately list a number of Underlying Shares as equals no less than the then Current Required MinimumMinimum with respect thereto.

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 exchange, market or quotation facility on which the Common Stock is traded, prepare and file with NASDAQ (and such national securities exchange or exchange, 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 tradingtraded) an additional shares listing application covering a number of shares of Common Stock which is not less than the lesser of (x) 6,500,000 /1/ or (y) the Initial Minimum, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing in on the NASDAQ or (as well as on any such 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.