Common use of AMEX Maintenance Clause in Contracts

AMEX Maintenance. For a period of five years from the date hereof, the Company will use its best efforts to maintain the listing by the AMEX of the Common Shares; provided, however, that the Company shall not be in breach of this covenant if the Company consummates a "Rule 13e-3 Transaction" (as such term is defined in Rule 13e-3 promulgated under the Securities Exchange).