Examples of Uplisting Effective Date in a sentence
Promptly following the Initial Closing and prior to the Uplisting Effective Date, the Board of Directors of the Company shall appoint a director, reasonably satisfactory to the Placement Agent, who meets the independence requirements of Section 10A(m)(3) of the Exchange Act, Rule 10A-3(b)(i) thereunder and Nasdaq Marketplace Rule 5605(c)(2) and who qualifies as an “audit committee financial expert” under Item 407(d)(5) of Regulation S-K.
From the date hereof until the sooner of (y) six (6) months after the Uplisting Effective Date and (z) two and one-half (2-1/2) years after the Closing Date, neither the Company nor any Subsidiary shall file any registration statement or any amendment or supplement thereto on behalf of the Company or any Subsidiary, in each case other than as permitted pursuant to the Registration Rights Agreement.
In any event, from the date hereof until the sooner of (i) six (6) months after the Uplisting Effective Date and (ii) two and one-half (2-1/2) years after the Closing Date, neither the Company nor any Subsidiary shall file any registration statement or any amendment or supplement thereto on behalf of the Company or any Subsidiary, in each case other than as permitted pursuant to this Agreement.
Notwithstanding the foregoing, the provisions of this Section 4.19 shall cease to apply on the Uplisting Effective Date.
The Company shall use its commercially reasonable efforts to obtain stockholder approval to amend the Company’s Amended and Restated Certificate of Incorporation to eliminate the classification of the Board of Directors effective upon the Uplisting Effective Date (the “Board Structure Proposal”).