AMEX. With respect to each Closing, Envision shall have received approval of the issuance of Envision Shares thereat from the AMEX.
AMEX. Portable acknowledges and agrees that, as between Portable and AmEx, any software module developed by AmEx as part of the Integration Program and used by AmEx as an Incorporated Module (an "AmEx Module") shall remain the exclusive property of AmEx and that AmEx will retain all right, title and interest therein during the term of this Agreement and thereafter. Copyright to all of the source code, object code and any other embodiment of any AmEx Module belong to and shall remain with AmEx.
AMEX. AOLB will be able to track and periodically report to Itau the number of AOLB/Itau Subscribers and Verified Members, as well as mutually agreed-to data concerning AOLB/Itau Subscribers. . For AOLB/Itau Subscribers who have not been upsold to additional Co- Branded Service hours through an AOLB price plan and use the Co- Branded Service in excess of the free hours granted by Itau, AOLB will investigate the development and implementation of an online process to notify such AOLB/Itau Subscriber via a pop-up message that will inform such AOLB/Itau Subscriber that the continued use of the Co-Branded Service will result in hourly fees and give such AOLB/Itau Subscriber the opportunity at that point to be upsold to a price plan that offers more prepaid hours. AOLB and Itau will otherwise disclose to AOLB/Itau Subscribers the charges for additional hours as appropriate and subject to technological feasiblity, and AOLB will use commercially reasonable efforts to develop such technology.
AMEX. Unless you have selected the Processor Amex Optblue Program in the Application, upon your request, Processor will provide access to authorization and/or data capture services for Amex directly from Amex (“Amex Direct Program”). If You request the Amex Direct Program You must enter into a separate merchant agreement with Amex. Neither Processor nor Bank is in any way liable or responsible for funding transactions under the Amex Direct Program. Further, Processor or Bank may notify You that Amex or another card (“Additional Card”) may be accepted by You. If You do not decline this offer in writing, Processor or Bank will forward certain information, including, but not limited to, your Merchant Account number, to the Additional Card issuer. The terms of this Agreement shall apply to Additional Card transactions. Processor or Bank will notify You in writing of the fees applicable to Additional Card transactions. B y (i ) accepting an Additional Card;
AMEX. The Shares shall have been approved for listing on Amex, subject to official notice of issuance.
AMEX. The shares of Parent Common Stock to be issued in the Merger shall have been approved for listing on the AMEX, subject to notice of issuance.
AMEX. As of the Effective Date, the Board shall have validly appointed an audit committee and nominating committee, whose composition satisfies the requirement of the rules and regulations of the American Stock Exchange (the "AMEX") and the Board and/or audit committee and the nominating committee has each adopted a charter that satisfies the Maxim Group LLC _________________, 2007 Page 19 of 50 requirements of AMEX. Neither the Board nor the audit committee thereof has been informed, nor is any director of the Company aware, of: (i) any significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Company's ability to record, process, summarize and report financial information; or (ii) any fraud, whether or not material, that involves management or other employees who have a significant role in the Company's internal control over financial reporting.
AMEX. The Securities are duly listed and admitted and authorized for trading, subject to official notice of issuance and evidence of satisfactory distribution, on the AMEX.
AMEX. As of the date hereof, the Company’s Common Stock is listed on AMEX, and no event has occurred, and the Company is not aware of any event that is reasonably likely to occur, that would result in the Common Stock being de-listed from AMEX. The sale and issuance of the Purchased Shares and execution of and performance under the Investor Rights Agreement complies with the rules and regulations of AMEX (provided, with respect to the representation and warranty made regarding the rules or regulations of AMEX as of the date hereof only, that AMEX approves the listing of the Purchased Shares, the Transferred Shares and the shares of Common Stock underlying the Purchased Warrants).
AMEX. The Company will use its best efforts to ensure that the Shares are listed and quoted on the AMEX at the time of the Closing.
