Common use of The Nasdaq Capital Market Clause in Contracts

The Nasdaq Capital Market. The Common Stock is listed on The Nasdaq Capital Market, and, except as disclosed in the SEC Reports, to the Company’s Knowledge, there are no proceedings to revoke or suspend such listing. The Company has applied for continued listing of the Common Stock thereon and as of the Closing Date the Common Stock shall have been approved for continued listing on The Nasdaq Capital Market, subject to official notice of issuance, and the execution, delivery and performance of this Agreement by the Company and the consummation by the Company of the transactions contemplated hereby (including the issuance of the Shares) will not result in any noncompliance by the Company with any Nasdaq listing requirements.

The Nasdaq Capital Market. The Common Stock is listed on The Nasdaq Capital Market, and, except as disclosed in the SEC Reports, to the Company’s Knowledgeknowledge, there are no proceedings to revoke or suspend such listinglisting or the listing of the Shares. The Company has applied is in compliance with the requirements of Nasdaq for continued listing of the Common Stock thereon and as of the Closing Date the Common Stock shall have been approved for continued any other Nasdaq listing on The Nasdaq Capital Market, subject to official notice of issuanceand maintenance requirements, and the execution, delivery and performance of this Agreement by the Company and the consummation by the Company of the transactions contemplated hereby (including the issuance of the SharesSecurities) will not result in any noncompliance by the Company with any Nasdaq listing such requirements.

The Nasdaq Capital Market. The Common Stock is listed on The Nasdaq Capital Market, and, except as disclosed in the SEC Reports, to the Company’s Knowledgeknowledge, there are no proceedings to revoke or suspend such listinglisting or the listing of the Shares. The Company has applied is in compliance with the requirements of Nasdaq for continued listing of the Common Stock thereon and as of the Closing Date the Common Stock shall have been approved for continued any other Nasdaq listing on The Nasdaq Capital Market, subject to official notice of issuanceand maintenance requirements, and the execution, delivery and performance of this Agreement by the Company and the consummation by the Company of the transactions contemplated hereby (including the issuance of the Shares) will not result in any noncompliance by the Company with any Nasdaq listing such requirements.