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.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (E Digital Corp), Convertible Preferred Stock and Common Stock Warrant Purchase Agreement (Syscan Imaging Inc), Convertible Preferred Stock Purchase Agreement (E Digital Corp)
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 Nasdaq National Market or NASDAQ Nasdaq SmallCap Market (each, a "SUBSEQUENT MARKETSubsequent 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.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (E Digital Corp)
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, Shares 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.
Appears in 1 contract
Samples: Convertible Preferred Stock and Common Stock Warrant Purchase Agreement (Sysview Technology, Inc.)
