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 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.

Appears in 1 contract

Samples: Secured Convertible Preferred Stock Purchase Agreement (Celexx Corp)

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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 system facility on which the Common Stock is traded, prepare and file with the NASDAQ (and such other national securities exchange or exchange, market or trading or quotation facility on which the Common Stock is listed then traded) an additional shares listing application covering a number of shares of Common Stock which is not less than the Initial Minimum, and (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 listingfiling, and the Company shall maintain the listing of its Common Stock thereonthereon or any Subsequent Market (as defined in the Certificate of Designation). 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 thereofthereof 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: Convertible Preferred Stock Purchase Agreement (Dataware Technologies 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 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 then, within three Business Days, 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 (Internet Law Library Inc)

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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, promptly 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 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 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 thereofthereof 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Safescience Inc)

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