Listing of the Shares. The Company shall comply with all requirements of the National Association of Securities Dealers, Inc. with respect to the issuance of the Shares and the listing thereof on the Nasdaq National Market. In furtherance thereof, the Company shall use its best efforts to take such actions as may be necessary and as soon as practicable and in no event later than 20 days after the Closing Date (if not filed prior to the Closing Date) to file with the Nasdaq National Market an application or other document required by the Nasdaq National Market and pay all applicable fees when due for the listing of the Shares with the Nasdaq National Market and shall provide evidence of such filing to the Investors. The Company knows of no reason why the Shares will not be eligible for listing on the Nasdaq National Market. Company stockholder approval for the transactions contemplated by this Agreement will not be required.
Listing of the Shares. If this Agreement is terminated in connection with a Listing, the Advisor will receive, in exchange for terminating this Agreement and the giving up or waiving of its fees then earned but not paid and all future fees, the Incentive Distribution Upon Listing equal to 15.0% of the amount, if any, by which (1) the market value of the outstanding Shares at Listing measured by taking the average closing price or the average of the bid and asked price, as the case may be, over a period of 30 days during which the Shares are traded, with such period beginning 180 days after Listing (the "Market Value"), plus the total distributions paid to Stockholders prior to Listing exceeds (2) the sum of the Invested Capital plus the Cumulative Return. Upon payment of the Incentive Distribution upon Listing the Advisor's "
Listing of the Shares. If this Agreement is terminated in connection with listing for trading of the Shares on a national exchange or market or otherwise, the Advisor will receive, in exchange for terminating this Agreement and the giving up or waiving of its fees then earned but not paid and all future fees, such consideration to be determined by the Independent Directors and the Advisor. In addition, at such time, the Company will cause the Partnership to redeem the Advisor's Incentive Units for cash, or if agreed by both parties, units of interest in the Partnership or Shares, for the amount the Advisor would have received if the Partnership immediately sold all of its assets at fair market value. In the event of such a termination of this Agreement, the Company shall thereafter be relieved of its obligation to pay the fees contemplated by this Agreement
Listing of the Shares. At least 15 calendar days prior to the Second Closing Date, the Company shall have delivered to the Nasdaq Stock Market the notice of issuance of the Second Closing Shares in accordance with Nasdaq Marketplace Rule 4310(c)(17) and the Company shall have delivered to each of the Investors satisfactory evidence of the delivery of such notice. The Company shall not have received any communication (whether written or oral) from the Nasdaq Stock Market requesting additional information regarding the transactions contemplated by this Agreement, including, without limitation, the issuance of the Second Closing Shares, or indicating that the Nasdaq Stock Market has any objections to the transactions contemplated by this Agreement, including, without limitation, the issuance of the Second Closing Shares.
Listing of the Shares. One or several Shareholders who together represents more than two thirds (2/3) of the total amount of Shares in the Company shall have the right to demand a listing of the Shares on a Norwegian or an internationally recognised stock exchange, regulated market or multilateral trading facility (including without limitation Oslo Børs, Euronext Expand and Euronext Growth) in accordance with the terms of this Clause 4.5 (an "IPO"). The Shareholders accept to use all reasonably efforts in the preparation and completion of an IPO in accordance with the terms of this Agreement, including to contribute to make changes in the capital structure of the Company to facilitate an IPO or participate and contribute to the transfer of the business of the Company of or the Shares to a new company that shall be used as the company to be listed in the IPO, and at the same time participate actively in the process and inﬂuence the decisions that are made. On the extraordinary general meeting the Shareholders shall resolve the issuance of new shares and other amendments necessary to satisfy the requirements by law and from the market at the time of an IPO, including the removal of the restrictions on share transfers contained in the articles of association. The Shareholders undertake to accept customary and reasonable lock-up provisions as long as this is recommended by the arranger.
Listing of the Shares. The Shares shall have been approved for listing on the NYSE, subject only to notice of issuance at or prior to the time of purchase. The Company will furnish the Representatives with such conformed copies of such opinions, certificates, letters and documents as the Representatives reasonably require. The Representatives may in their sole discretion waive on behalf of the Underwriters compliance with any conditions to the obligations of the Underwriters hereunder.
Listing of the Shares. The Company shall file on a timely basis such notification with the National Association of Securities Dealers, Inc. as shall be required in connection with the issuance of the Shares, and shall take all such other action as shall be necessary to effect the listing of the Shares on Nasdaq National Market or such other national securities exchange or trading market on which other shares of Common Stock are listed.
Listing of the Shares. At the Time of Sale, the Shares will have been approved for listing on Nasdaq. The Company has taken no action designed to, or likely to have the effect of, terminating the registration of the Common Shares under the Exchange Act, delisting the Common Shares from Nasdaq, nor has the Company received any notification that the Commission or Nasdaq is contemplating terminating such registration or listing. To the Company’s knowledge, it is in compliance with all applicable listing requirements of Nasdaq.