Common use of Listing of Underlying Shares and Related Matters Clause in Contracts

Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares and the Warrant Shares to be listed on the Nasdaq SmallCap Market as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the Securities, the Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap Market and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchange, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Shares thereon.

Appears in 2 contracts

Samples: Purchase Agreement (Interleukin Genetics Inc), Purchase Agreement (Interleukin Genetics Inc)

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Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares and the Warrant Shares to be listed on the Nasdaq SmallCap National Market as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the Securities, the Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap National Market and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchange, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Shares thereon.

Appears in 2 contracts

Samples: Purchase Agreement (Visionics Corp), Purchase Agreement (Ursus Telecom Corp)

Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Underlying Shares and the Warrant Shares to be listed on the Nasdaq SmallCap Market American Stock Exchange as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Underlying Shares and Warrant Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the SecuritiesPreferred Shares remain outstanding, the Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap Market AMEX or another Approved Market, and will comply in all respects with the Company's ’s reporting, filing and other obligations under the bylaws or rules of such exchangeexchange or market, as applicable, to ensure the continued eligibility for trading of the Underlying Shares and the Warrant Shares thereon.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Harken Energy Corp), Preferred Stock Purchase Agreement (Harken Energy Corp)

Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreementthe Agreements, to take such action to cause the Debenture Shares and the Warrant Shares to be listed on the Nasdaq SmallCap Market as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Debenture Shares and the Warrant Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the Securities, the Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap Market and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchange, as applicable, to ensure the continued eligibility for trading of the Debenture Shares and the Warrant Shares thereon.

Appears in 2 contracts

Samples: Debenture and Warrant Purchase Agreement (Antares Pharma Inc), Debenture and Warrant Purchase Agreement (Antares Pharma Inc)

Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the last of the Closing Dates of the transactions contemplated by this Agreement, to take such action to cause the Underlying Shares and the Warrant Shares to be listed on the Nasdaq SmallCap Market American Stock Exchange as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Underlying Shares and Warrant Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the SecuritiesNotes remain outstanding, the Company will take all action necessary to continue the listing and trading of its Common Stock on the American Stock Exchange, the New York Stock Exchange, the Nasdaq SmallCap National Market or the Nasdaq Small-Cap Market (collectively, “Approved Markets”), and will comply in all respects with the Company's ’s reporting, filing and other obligations under the bylaws or rules of such exchangeexchange or market, as applicable, to ensure the continued eligibility for trading of the Underlying Shares and the Warrant Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Hearusa Inc)

Listing of Underlying Shares and Related Matters. The Company ------------------------------------------------ hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares and the Warrant Conversion Shares to be listed on the Nasdaq SmallCap Stock Market as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Shares Common Stock underlying the Preferred Stock, and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the Securities, the The Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap Stock Market and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchange, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Conversion Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Imaginon Inc /De/)

Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Underlying Shares and the Warrant Shares to be listed on the Nasdaq SmallCap National Market as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Underlying Shares and Warrant Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the SecuritiesNotes remain outstanding, the Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap National Market or on the Nasdaq Small-Cap Market, the New York Stock Exchange or the American Stock Exchange (collectively, "Approved Markets"), and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchangeexchange or market, as applicable, to ensure the continued eligibility for trading of the Underlying Shares and the Warrant Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Nexmed Inc)

Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares and the Warrant Underlying Shares to be listed on the Nasdaq SmallCap Capital Market as promptly as possible following the Closing but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Underlying Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the SecuritiesNotes remain outstanding, the Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap Market Stock Market, the New York Stock Exchange or the American Stock Exchange (collectively, “Approved Markets”), and will comply in all respects with the Company's ’s reporting, filing and other obligations under the bylaws or rules of such exchangeexchange or market, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Underlying Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Nexmed Inc)

Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action action, if any, to cause the Underlying Shares and the Warrant Shares to be listed on the Nasdaq SmallCap Market OTC Bulletin Board as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Underlying Shares and Warrant Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the SecuritiesNotes remain outstanding, the Company will take all action necessary to continue the listing and trading of its Common Stock on the American Stock Exchange, the New York Stock Exchange, the Nasdaq SmallCap Stock Market or the OTC Bulletin Board (collectively, “Approved Markets”), and will comply in all respects with the Company's ’s reporting, filing and other obligations under the bylaws or rules of such exchangeexchange or market, as applicable, to ensure the continued eligibility for trading of the Underlying Shares and the Warrant Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Ophthalmic Imaging Systems)

Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares and the Warrant Underlying Shares to be listed on the Nasdaq SmallCap National Market as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Underlying Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the SecuritiesNotes remain outstanding, the Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap National Market or on the Nasdaq Small-Cap Market, the New York Stock Exchange or the American Stock Exchange (collectively, "Approved Markets"), and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchangeexchange or market, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Underlying Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Nexmed Inc)

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Listing of Underlying Shares and Related Matters. The Company ------------------------------------------------ hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares, the Warrant Shares and the Warrant Shares shares of Common Stock issuable under Section 7.1(a) hereof to be listed on the Nasdaq SmallCap Stock Market as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Shares Common Stock underlying the Warrants, and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the Securities, the The Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap Stock Market and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchange, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Imaginon Inc /De/)

Listing of Underlying Shares and Related Matters. The Company hereby ------------------------------------------------ agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares and the Warrant Shares to be listed on the Nasdaq SmallCap National Market as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Shares Common Stock underlying the Warrants, and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the Securities, the The Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap National Market and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchange, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Cambridge Heart Inc)

Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares, the Warrant Shares and the Warrant Shares shares of Common Stock issuable under Section 7.1(a) hereof to be listed on the Nasdaq SmallCap Stock Market as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Shares Common Stock underlying the Warrants, and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the Securities, the The Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap Stock Market and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchange, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Avi Biopharma Inc)

Listing of Underlying Shares and Related Matters. The ------------------------------------------------------ Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares and the Warrant Shares to be listed on the Nasdaq SmallCap National Market as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the Securities, the Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap National Market and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchange, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Lifecell Corp)

Listing of Underlying Shares and Related Matters. The Company ------------------------------------------------ hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares and the Warrant Shares to be listed on the Nasdaq SmallCap Market American Stock Exchange as promptly as possible but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the Securities, the Company will take all action necessary use its best efforts to continue the listing and trading of its Common Stock on the American Stock Exchange, Nasdaq National Market, Nasdaq SmallCap Market or New York Stock Exchange and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of such exchange, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Sheffield Pharmaceuticals Inc)

Listing of Underlying Shares and Related Matters. The Company hereby agrees, promptly following the Closing of the transactions contemplated by this Agreement, to take such action to cause the Shares and the Warrant Underlying Shares to be listed on the Nasdaq SmallCap Capital Market as promptly as possible following the Closing but no later than the effective date of the registration contemplated by the Registration Rights Agreement. The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it will include in such application the Warrant Underlying Shares and will take such other action as is necessary to cause such Common Stock to be so listed. For so long as the Investors beneficially own any of the SecuritiesNotes remain outstanding, the Company will take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq SmallCap Market Stock Market, the New York Stock Exchange or the NYSE Amex (collectively, “Approved Markets”), and the Company will comply in all respects with the Company's ’s reporting, filing and other obligations under the bylaws or rules of such exchangeexchange or market, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Underlying Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Nexmed Inc)

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