Common use of Listing; Uplisting Clause in Contracts

Listing; Uplisting. The Company shall promptly secure the listing of the Conversion Shares upon each national securities exchange or automated quotation system, if any, upon which shares of Common Stock are then listed (subject to official notice of issuance) and, so long as the Buyer owns any of the Securities, shall maintain, so long as any other shares of Common Stock shall be so listed, such listing of all Conversion Shares from time to time issuable upon conversion of the Note. The Company will obtain and, so long as the Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the OTCBB, OTCQB, OTC Pink or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the NYSE MKT and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Financial Industry Regulatory Authority (“FINRA”) and such exchanges, as applicable. The Company shall promptly provide to the Buyer copies of any material notices it receives from the OTCBB, OTCQB and any other exchanges or quotation systems on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such exchanges and quotation systems. Within six months of the Effective Date, the Company shall will obtain the listing and trading of its Common Stock on an exchange senior to the exchange on which the Common Stock is listed and traded as of the Effective Date. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(f).

Appears in 7 contracts

Sources: Securities Purchase Agreement (Surge Holdings, Inc.), Securities Purchase Agreement (Surge Holdings, Inc.), Securities Purchase Agreement (Surge Holdings, Inc.)