Common use of Trading Day Clause in Contracts

Trading Day. For purposes of this Agreement, “Trading Day” shall mean (i) a day on which the Common Stock is listed for trading on the NASDAQ or on the New York Stock Exchange, American Stock Exchange or Nasdaq National Market, or any of their respective successors (each a “Subsequent Market”) or (ii) if the Common Stock is not listed on the NASDAQ or a Subsequent Market, a day on which the Common Stock is traded in the over-the-counter market, as reported by the OTC Bulletin Board, or (iii) if the Common Stock is not quoted on the OTC Bulletin Board, a day on which the Common Stock is quoted in the over-the-counter market as reported by the National Quotation Bureau Incorporated (or any similar organization or agency succeeding its functions of reporting prices); provided, however, that in the event that the Common Stock is not listed or quoted as set forth in (i), (ii) and (iii) hereof, then a Trading Day shall be a Business Day.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fonix Corp), Securities Purchase Agreement (Fonix Corp)

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Trading Day. For purposes of this Agreement, "Trading Day" shall mean ----------- (ia) a day on which the Common Stock is listed for trading on the NASDAQ Nasdaq SmallCap Market or on the New York Stock Exchange, American Stock Exchange or Nasdaq National Market, or any of their respective successors (each a "Subsequent Market") or (iib) if the Common Stock is not listed on the NASDAQ Nasdaq SmallCap Market or a Subsequent Market, a day on which the Common Stock is traded in the over-over- the-counter market, as reported by the OTC Bulletin Board, or (iiic) if the Common Stock is not quoted on the OTC Bulletin Board, a day on which the Common Stock is quoted in the over-the-counter market as reported by the National Quotation Bureau Incorporated (or any similar organization or agency succeeding its functions of reporting prices); provided, however, that in the event that the -------- ------- Common Stock is not listed or quoted as set forth in (ia), (iib) and (iiic) hereof, then a Trading Day shall be a Business Day.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fonix Corp), Securities Purchase Agreement (Fonix Corp)

Trading Day. For purposes of this Agreement, “Trading Day” "TRADING DAY" shall mean (ia) a day on which the Common Stock is listed for trading on the NASDAQ Nasdaq SmallCap Market or on the New York Stock Exchange, American Stock Exchange or Nasdaq National Market, or any of their respective successors Market (each a “Subsequent Market”"SUBSEQUENT MARKET") or (iib) if the Common Stock is not listed on the NASDAQ Nasdaq SmallCap Market or a Subsequent Market, a day on which the Common Stock is traded in the over-the-counter market, as reported by the OTC Bulletin Board, or (iiic) if the Common Stock is not quoted on the OTC Bulletin Board, a day on which the Common Stock is quoted in the over-the-counter market as reported by the National Quotation Bureau Incorporated (or any similar organization or agency succeeding its functions of reporting prices); provided, however, that in the event that the Common Stock is not listed or quoted as set forth in (ia), (iib) and (iiic) hereof, then a Trading Day shall be a Business Day.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Queen Sand Resources Inc), Securities Purchase Agreement (Queen Sand Resources Inc)

Trading Day. For purposes of this Agreement, "Trading Day" shall mean (i) a day on which the Common Stock is listed for trading on the NASDAQ or on the New York Stock Exchange, American Stock Exchange or Nasdaq National Market, or any of their respective successors (each a "Subsequent Market") or (ii) if the Common Stock is not listed on the NASDAQ or a Subsequent Market, a day on which the Common Stock is traded in the over-the-counter market, as reported by the OTC Bulletin Board, or (iii) if the Common Stock is not quoted on the OTC Bulletin Board, a day on which the Common Stock is quoted in the over-the-counter market as reported by the National Quotation Bureau Incorporated (or any similar organization or agency succeeding its functions of reporting prices); provided, however, that in the event that the Common Stock is not listed or quoted as set forth in (i), (ii) and (iii) hereof, then a Trading Day shall be a Business Day.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fonix Corp)

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Trading Day. For purposes of this Agreement, "Trading Day" shall mean ----------- ----------- (i) a day on which the Common Stock is listed for trading on the NASDAQ or on the New York Stock Exchange, American Stock Exchange or Nasdaq National Market, or any of their respective successors (each a "Subsequent Market") or (ii) if ----------------- the Common Stock is not listed on the NASDAQ or a Subsequent Market, a day on which the Common Stock is traded in the over-the-counter market, as reported by the OTC Bulletin Board, or (iii) if the Common Stock is not quoted on the OTC Bulletin Board, a day on which the Common Stock is quoted in the over-the-counter market as reported by the National Quotation Bureau Incorporated (or any similar organization or agency succeeding its functions of reporting prices); provided, however, that in the event that -------- ------- the Common Stock is not listed or quoted as set forth in (i), (ii) and (iii) hereof, then a Trading Day shall be a Business Day.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fonix Corp)

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