Examples of Rule 4460 in a sentence
The Company shall give the Nasdaq National Market timely notice of the issuance of the Shares and shall use all commercially reasonable efforts to maintain the Non-Quantitative Designation Criteria contained in Rule 4460 of the NASD Manual to the extent such criteria are within the control of the Company.
The Company is not in violation of the listing requirements of the Principal Market (as defined below), including, without limitation, the requirements set forth in Rule 4460 of the Principal Market.
No approval of a number of outstanding shares of capital stock of Gold Banc greater than that required by Rule 4460 is required for approval of this Agreement and the consummation of the transactions contemplated hereby.
Notwithstanding anything to the contrary herein and anything in any other Related Agreement, the Company makes no representation and warranty (and shall have no liability) arising from any requirement to obtain stockholder approval pursuant to the Nasdaq National Market Issuer Designation Requirements, including Rule 4460 thereunder, with respect to the issuance and sale of the Maximum Shares.
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The Buyer will, at the earliest practicable date, hold a meeting of its shareholders for the purpose of (i) approving the Mergers and the issuance of shares of the Buyer's Stock as the Merger Consideration (in accordance with applicable corporate Law and Rule 4460 of the Marketplace Rules of the Nasdaq Stock Market) and (ii) increasing the number of directors of the Buyer by seven, from 11 to 18.
The Company agrees to submit as soon as practicable, -------------------- for purposes of Rule 4460 of the NASDAQ, a proposal for approval by shareholders of the Company's Common Stock allowing conversion of Series F Preferred Stock in amounts greater than the Maximum Share Amount, as such term is defined in the Statement of Resolutions.
The Company has not issued (and will not issue) any shares of Common Stock or shares of any series of preferred stock or other securities or instruments convertible into, exchangeable for or otherwise entitling the holder thereof to acquire shares of Common Stock which would be subject to NASD Rule 4460 (or any successor rule) and which would be integrated with the sale of the Funded Shares to Purchaser for purposes of determining whether shareholder approval is required under such Rule.
The Company's Board of Directors has not less than two (2) directors who are independent from (as defined in Rule 4460 of the NASD Market Place Rules), and unaffiliated with, management of the Company.
Notwithstanding anything to the contrary contained herein, the Company shall not sell to Purchaser, and Purchaser shall not purchase, at the Second Closing (or thereafter pursuant to Section 1.5.3 hereof) any Securities in violation of the amount limitations of NASD Rule 4460, unless the shareholders of the Company shall have previously authorized such issuance or the issuance shall satisfy the price limitations of such Rule 4460.