Listed Shares. (a) As of the Closing Date, there shall be Outstanding 14,875,000 Listed Shares, and, in the event that the Underwriters exercise their option to purchase additional Listed Shares pursuant to the Underwriting Agreement, there shall be Outstanding up to 17,106,250 Listed Shares. The Listed Shares shall initially be listed on a National Securities Exchange. The designations, preferences and relative, participating, optional or other special rights, powers and duties relating to the Listed Shares are as set forth in this Section 4.3. Each Listed Share shall be identical in every respect with each other Listed Share.
Listed Shares. (a) As of the Closing Date, there shall be Outstanding [_________] Listed Shares, and, in the event that the Underwriters exercise their option to purchase additional Listed Shares pursuant to the Underwriting Agreement, there shall be Outstanding up to [_________] Listed Shares. The Listed Shares shall initially be listed on a National Securities Exchange. The designations, preferences and relative, participating, optional or other special rights, powers and duties relating to the Listed Shares are as set forth in this Section 4.3. Each Listed Share shall be identical in every respect with each other Listed Share.
Listed Shares. Buyer acknowledges that the Company’s Shares are listed on The NASDAQ Stock Market and the Company is therefore required to publish and make available publicly the Company SEC Documents which are necessary to enable the holders of the shares of the Company and the public to appraise the position of the Company and its Subsidiaries. Buyer understands that no disclosure or offering document has been prepared in connection with the sale of the Subject Securities. Buyer will not hold Seller, Parent or any of their respective affiliates responsible for any misstatements in or omissions from any publicly available information concerning the Company including any Company SEC Documents.
Listed Shares. The Common Stock is registered pursuant to Section 12(g) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and are approved for quotation on The Nasdaq National Market (the "NNM"). The Company has taken no action designed to, or likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act or delisting the Common Stock from the NNM.
Listed Shares. The shares of Common Stock to be issued at such Additional Closing shall have been approved for listing on the Nasdaq Global Market (or principal other national or regional securities exchange on which the Common Stock is then listed) and such approval shall be ongoing, and not revoked or withdrawn.
Listed Shares. Upon issuance, the Shares, License Fee Shares, Renewal License Fee Shares and the Exchange Shares will be registered pursuant to Section 12(b) of the Exchange Act, and approved for listing and quotation on the American Stock Exchange ("AMEX"). Except as disclosed in the 2003 SEC Filings, the Company has taken no action designed to, or likely to have the effect of, terminating the registration of its common stock under the Exchange Act or delisting its common stock from the AMEX. The Company is, and after giving effect to the issuance of the Shares and the License Fee Shares to the Investor at the Closing hereunder, the Company will be in compliance with all standards for continued listing on the AMEX. Based on the Company's financial projections, which have been prepared by the Company in good faith and on a reasonable basis, its stockholders' equity will exceed the minimum required by the AMEX during and at the end of the twelve-month period following the Closing.
Listed Shares. Except as stated in Section 4.1, the purchase price of Shares pursuant to this Agreement shall equal the market price of the Common Stock of the Company (the "Market Price"). The Market Price shall mean the average of the daily market prices of the Common Stock over a period of twenty (20) consecutive business days ending five (5) calendar days prior to the Effective Date of the Notice. The Market Price for each such business day shall be the average of the closing prices on such day of the Common Stock on all domestic exchanges on which the Common Stock is then listed, or if there shall have been no sales on any exchange on such day, the average of the highest bid and lowest asked prices on all such exchanges at the end of such day, or, if the Common Stock shall not be so listed, the average of the representative bid and asked prices quoted on the NASDAQ System as of 4:30 P.M., Eastern time, on such day, or if the Common Stock shall not be quoted in the NASDAQ System, the average of the high and low bid and asked prices on such day in the domestic over-the-counter market as reported by the National Quotation Bureau, Incorporated, or any similar successor organization. If the Common Stock is listed on any domestic exchange, the term "business days" as used in this Article 4 shall mean business days on which such exchange is open for trading.
Listed Shares. A limited liability company interest in the Company representing a share of all of the income, loss and capital of the Company.
Listed Shares. Within 90 days after the Closing Date, Buyer shall have caused the IMCO Shares deliverable pursuant to the Merger to be duly listed for trading on the NYSE and/or approved for listing upon official notice of issuance.
Listed Shares. The Shares are, or will be, registered pursuant to Section 12(b) of the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), and approved for quotation on the American Stock Exchange ("AMEX"). Except as disclosed in the Memorandum, the Company has taken no action designed to, or likely to have the effect of, terminating the registration of its common stock under the Exchange Act or delisting its common stock from the AMEX.
