Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the OTCBB 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.

Appears in 178 contracts

Sources: Securities Purchase Agreement (First Choice Healthcare Solutions, Inc.), Securities Purchase Agreement (Aja Cannafacturing, Inc.), Securities Purchase Agreement (Radiant Creations Group, Inc.)

Listing. 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~~ OTC Pink, OTCQB 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 American ~~Stock Exchange (“AMEX”)~~ 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~~ OTC Pink, 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(g).

Appears in 102 contracts

Sources: Securities Purchase Agreement (Crypto Co), Securities Purchase Agreement (Formation Minerals, Inc.), Securities Purchase Agreement (NovAccess Global Inc.)

Listing. 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~~ 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 ~~American Stock Exchange (“AMEX”)~~ 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~~ 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.

Appears in 83 contracts

Sources: Securities Purchase Agreement (RespireRx Pharmaceuticals Inc.), Securities Purchase Agreement (Kannalife Inc), Securities Purchase Agreement (Blow & Drive Interlock Corp)

Listing. 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~~ OTC MARKETS or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), ) or the New York Stock Exchange (“NYSE”), ~~or the American Stock Exchange (“AMEX”)~~ 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 notices it receives from the ~~OTCBB~~ OTC MARKETS 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.

Appears in 74 contracts

Sources: Securities Purchase Agreement (Omnia Wellness Inc.), Securities Purchase Agreement (Principal Solar, Inc.), Securities Purchase Agreement (Verus International, Inc.)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 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.

Appears in 72 contracts

Sources: Securities Purchase Agreement (Propanc Biopharma, Inc.), Securities Purchase Agreement (NanoFlex Power Corp), Securities Purchase Agreement (Ozop Surgical Corp.)

Appears in 48 contracts

Sources: Securities Purchase Agreement (Modern Technology Corp), Securities Purchase Agreement (Skylynx Communications Inc), Securities Purchase Agreement (Banyan Corp /Or/)

Listing. 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 Note 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~~ OTC MARKETS or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq”), ~~the Nasdaq SmallCap Market (“Nasdaq SmallCap”),~~ or the New York Stock Exchange (“NYSE”), ~~or the American Stock Exchange (“AMEX”)~~ 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 notices it receives from the ~~OTCBB~~ OTC MARKETS and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 46 contracts

Sources: Securities Purchase Agreement (NightFood Holdings, Inc.), Securities Purchase Agreement (Mitesco, Inc.), Securities Purchase Agreement (Mitesco, Inc.)

Appears in 44 contracts

Sources: Securities Purchase Agreement (Avitar Inc /De/), Securities Purchase Agreement (Banyan Corp /Or/), Securities Purchase Agreement (Avitar Inc /De/)

Listing. 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 Note 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~~ OTC MARKETS or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq~~”), the Nasdaq SmallCap Market (“Nasdaq SmallCap~~”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTC MARKETS and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 41 contracts

Sources: Securities Purchase Agreement (MyDx, Inc.), Securities Purchase Agreement (NightFood Holdings, Inc.), Securities Purchase Agreement (Propanc Biopharma, Inc.)

Listing. 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~~ any 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~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the OTCBB 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.

Appears in 38 contracts

Sources: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement (Titan Iron Ore Corp.)

Listing. 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~~ 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 ~~American Stock Exchange (“AMEX”)~~ 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~~ 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(f).

Appears in 37 contracts

Sources: Securities Purchase Agreement (brooqLy, Inc.), Securities Purchase Agreement (Quality Industrial Corp.), Securities Purchase Agreement (Quality Industrial Corp.)

Listing. 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 or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq~~”), the Nasdaq SmallCap Market (“Nasdaq SmallCap~~”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTCQB and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 35 contracts

Sources: Securities Purchase Agreement (POSITIVEID Corp), Securities Purchase Agreement (SGOCO Group, Ltd.), Securities Purchase Agreement (SGOCO Group, Ltd.)

Listing. 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~~ OTC Pink, OTCQB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange (“AMEX”)~~ 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~~ OTC Pink, 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(g).

Appears in 30 contracts

Sources: Securities Purchase Agreement (Lingerie Fighting Championships, Inc.), Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Lingerie Fighting Championships, Inc.)

Listing. 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 American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTCQB, OTC Pink, 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.

Appears in 28 contracts

Sources: Securities Purchase Agreement (Foothills Exploration, Inc.), Securities Purchase Agreement (NanoFlex Power Corp), Securities Purchase Agreement (Lithium Exploration Group, Inc.)

Listing. The Company shall promptly secure the listing or quotation, as the case may be, of the Conversion Shares and Warrant Shares upon each national securities exchange or automated quotation system, if any, upon which shares of Common Stock are then listed or quoted, as the case may be, (subject to official notice of issuance) and, so long as ~~the~~ any Buyer owns any of the Securities, shall maintain, so long as any other shares of Common Stock shall be so ~~listed~~listed or quoted, as the case may be, such listing or quotation, as the case may be, of all Conversion Shares and Warrant Shares from time to time issuable upon conversion of the ~~Note~~Notes or exercise of the Warrants. The Company will obtain and, so long as ~~the~~ any Buyer owns any of the Securities, maintain the listing or quotation, as the case may be, and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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~~ National Association of Securities Dealers (“~~FINRA~~NASD”) and such exchanges, as applicable. The Company shall promptly provide to ~~the~~ each Buyer copies of any notices it receives from the OTCBB and any other exchanges or quotation systems on which the Common Stock is then listed or quoted, as the case may be, regarding the continued eligibility of the Common Stock for listing or quotation, as the case may be, on such exchanges and quotation systems.

Appears in 25 contracts

Sources: Securities Purchase Agreement (Egpi Firecreek, Inc.), Securities Purchase Agreement (Healthcare Business Services Groups, Inc.), Securities Purchase Agreement (Infe Human Resources Inc)

Listing. 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~~ OTC MARKETS or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq~~”), the Nasdaq SmallCap Market (“Nasdaq SmallCap~~”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTC MARKETS and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 24 contracts

Sources: Securities Purchase Agreement (Tauriga Sciences, Inc.), Securities Purchase Agreement (Tauriga Sciences, Inc.), Securities Purchase Agreement (Tauriga Sciences, Inc.)

Listing. The Company shall promptly secure the listing of the Conversion Shares upon each national securities exchange or automated quotation system, if ~~any~~necessary, upon which shares of Common Stock are then listed or quoted (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~~listed or quoted, such listing or quotation 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~~ OTC MARKETS or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq”), ~~the Nasdaq SmallCap Market (“Nasdaq SmallCap”),~~ or the New York Stock Exchange (“NYSE”), ~~or the American Stock Exchange (“AMEX”)~~ as applicable, 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 notices it ~~receives~~ receives, if any, from the ~~OTCBB~~ OTC MARKETS and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 21 contracts

Sources: Securities Purchase Agreement (Propanc Biopharma, Inc.), Securities Purchase Agreement (Propanc Biopharma, Inc.), Securities Purchase Agreement (Propanc Biopharma, Inc.)

Listing. 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~~ OTCBB, OTCQB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange (“AMEX”)~~ 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~~ 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.

Appears in 20 contracts

Sources: Securities Purchase Agreement (Greenfield Farms Food, Inc.), Securities Purchase Agreement (Ozop Surgical Corp.), Securities Purchase Agreement (Code Green Apparel Corp)

Listing. 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 Note 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~~ OTC MARKETS or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq”), ~~the Nasdaq SmallCap Market (“Nasdaq SmallCap”),~~ or the New York Stock Exchange (“NYSE~~”), or the American Stock Exchange (“AMEX~~”) 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 notices it receives from the ~~OTCBB~~ OTC MARKETS and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 20 contracts

Sources: Securities Purchase Agreement (Data443 Risk Mitigation, Inc.), Securities Purchase Agreement (Growlife, Inc.), Securities Purchase Agreement (H-Cyte, Inc.)

Appears in 18 contracts

Sources: Securities Purchase Agreement (Vertex Interactive Inc), Securities Purchase Agreement (Veridicom International Inc), Securities Purchase Agreement (Ingen Technologies, Inc.)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the ~~Nasdaq SmallCap~~ NasdaqSmallCap Market (“~~Nasdaq SmallCap~~NasdaqSmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the OTCBB 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.

Appears in 17 contracts

Sources: Securities Purchase Agreement (First Choice Healthcare Solutions, Inc.), Securities Purchase Agreement (Max Sound Corp), Securities Purchase Agreement (Max Sound Corp)

Listing. The Company shall promptly secure the listing of the Returnable Shares and 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 Returnable Shares and 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~~ OTCBB, OTCQB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange (“AMEX”)~~ 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~~ 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(g).

Appears in 15 contracts

Sources: Securities Purchase Agreement (Basanite, Inc.), Securities Purchase Agreement (JRSIS HEALTH CARE Corp), Securities Purchase Agreement (Velt International Group Inc.)

Appears in 13 contracts

Sources: Securities Purchase Agreement (Torbay Holdings Inc), Securities Purchase Agreement (Kanakaris Wireless), Securities Purchase Agreement (Kanakaris Wireless)

Listing. 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 Note 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~~ OTC MARKETS or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq”), ~~the Nasdaq SmallCap Market (“Nasdaq SmallCap”),~~ or the New York Stock Exchange (“NYSE~~”), or the American Stock Exchange (“AMEX”~~) 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 notices it receives from the ~~OTCBB~~ OTC MARKETS and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 11 contracts

Sources: Securities Purchase Agreement (MyDx, Inc.), Securities Purchase Agreement (MyDx, Inc.), Securities Purchase Agreement (MyDx, Inc.)

Listing. 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~~ OTC MARKETS or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTC MARKETS 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.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Jerrick Media Holdings, Inc.), Securities Purchase Agreement (Freeseas Inc.)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq SmallCap Market (“"Nasdaq SmallCap”"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s '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 notices it receives from the OTCBB 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.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Cross Click Media Inc.), Securities Purchase Agreement (Hangover Joe's Holding Corp), Securities Purchase Agreement (Hangover Joe's Holding Corp)

Listing. The Company shall promptly secure the listing or quotation, as the case may be, of the Conversion Shares and Warrant Shares upon each national securities exchange or automated quotation system, if any, upon which shares of Common Stock are then listed or quoted, as the case may be, (subject to official notice of issuance) and, so long as ~~the~~ any Buyer owns any of the Securities, shall maintain, so long as any other shares of Common Stock shall be so ~~listed~~listed or quoted, as the case may be, such listing or quotation, as the case may be, of all Conversion Shares and Warrant Shares from time to time issuable upon conversion of the ~~Note~~Notes or exercise of the Warrants. The Company will obtain and, so long as ~~the~~ any Buyer owns any of the Securities, maintain the listing or quotation, as the case may be, and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq SmallCap Market (“"Nasdaq SmallCap”"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the ~~Financial Industry Regulatory Authority~~ National Association of Securities Dealers (~~“FINRA”~~"NASD") and such exchanges, as applicable. The Company shall promptly provide to ~~the~~ each Buyer copies of any notices it receives from the OTCBB and any other exchanges or quotation systems on which the Common Stock is then listed or quoted, as the case may be, regarding the continued eligibility of the Common Stock for listing or quotation, as the case may be, on such exchanges and quotation systems.

Appears in 9 contracts

Sources: Securities Purchase Agreement (American Racing Capital, Inc.), Securities Purchase Agreement (Nova Communications LTD), Securities Purchase Agreement (Cyber Defense Systems Inc)

Appears in 9 contracts

Sources: Securities Purchase Agreement (Itronics Inc), Securities Purchase Agreement (Itronics Inc), Securities Purchase Agreement (Itronics Inc)

Listing. 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~~ OTC Markets or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange (“AMEX”)~~ 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~~ OTC Markets 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.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Ozop Surgical Corp.), Securities Purchase Agreement (Greenfield Farms Food, Inc.), Securities Purchase Agreement (Greenfield Farms Food, Inc.)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq SmallCap Market (“"Nasdaq SmallCap”"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s '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 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.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Cannasys Inc), Securities Purchase Agreement (Graphite Corp), Securities Purchase Agreement (Hangover Joe's Holding Corp)

Listing. 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~~ OTCBB, OTCQB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange (“AMEX”)~~ 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~~ 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(g).

Appears in 9 contracts

Sources: Securities Purchase Agreement (Foothills Exploration, Inc.), Securities Purchase Agreement (Gopher Protocol Inc.), Securities Purchase Agreement (Petrone Worldwide, Inc.)

Listing. 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~~ any 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~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the ~~OTCBB~~ 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 ~~American Stock Exchange (“AMEX”)~~ 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~~ each Buyer copies of any material notices it receives from the ~~OTCBB~~ 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(f).

Appears in 9 contracts

Sources: Securities Purchase Agreement (KinerjaPay Corp.), Securities Purchase Agreement (Frelii, Inc.), Securities Purchase Agreement (Digerati Technologies, Inc.)

Appears in 8 contracts

Sources: Securities Purchase Agreement (Digital Descriptor Systems Inc), Securities Purchase Agreement (Conectisys Corp), Securities Purchase Agreement (Universe2u Inc)

Listing. 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 Note 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~~ OTC MARKETPLACE or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq~~”), the Nasdaq SmallCap Market (“Nasdaq SmallCap~~”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTC MARKETPLACE and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Airborne Wireless Network), Securities Purchase Agreement (Airborne Wireless Network), Securities Purchase Agreement (Coates International LTD \De\)

Appears in 7 contracts

Sources: Securities Purchase Agreement (Juniper Group Inc), Securities Purchase Agreement (Univec Inc), Securities Purchase Agreement (Crystal International Travel Group, Inc.)

Listing. 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 or any equivalent replacement exchange, the OTCQB tier maintained by OTC Markets Group, Inc. (“OTCQB”), the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the OTCBB 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.

Appears in 7 contracts

Sources: Securities Purchase Agreement (National Automation Services Inc), Securities Purchase Agreement (National Automation Services Inc), Securities Purchase Agreement (National Automation Services Inc)

Listing. 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 or any equivalent replacement ~~exchange~~exchange (including the OTCQB maintained by OTC Markets Group, Inc. (the “OTCQB”), the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the OTCBB 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.

Appears in 7 contracts

Sources: Securities Purchase Agreement (SearchCore, Inc.), Securities Purchase Agreement (SearchCore, Inc.), Securities Purchase Agreement (SearchCore, Inc.)

Listing. 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~~ OTC MARKETS or any equivalent replacement exchange, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq SmallCap Market (“"Nasdaq SmallCap”"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s '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 notices it receives from the ~~OTCBB~~ OTC MARKETS 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.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Stealth Technologies, Inc.), Securities Purchase Agreement (Artec Global Media, Inc.)

Listing. 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~~future Closings. 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 or any equivalent replacement ~~exchange~~quotation service, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq SmallCap Market (“"Nasdaq SmallCap”"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company~~’s reporting~~'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 notices it receives from the OTCBB 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.

Appears in 6 contracts

Sources: Securities Purchase Agreement (ABCO Energy, Inc.), Securities Purchase Agreement (Cherubim Interests, Inc.), Securities Purchase Agreement (Chess Supersite Corp)

Listing. 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~~ any 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~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the ~~OTCBB~~ OTCQB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 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.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Ab International Group Corp.), Securities Purchase Agreement (Ab International Group Corp.), Securities Purchase Agreement (Ab International Group Corp.)

Listing. 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~~ 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 American ~~Stock Exchange (“AMEX”)~~ 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~~ 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.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Cerebain Biotech Corp.), Securities Purchase Agreement (American Battery Metals Corp), Securities Purchase Agreement (Medifirst Solutions, Inc.)

Listing. 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~~ 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 ~~American Stock Exchange (“AMEX”)~~ NYSE MKT and will comply in all respects with the Company’s '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~~ 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.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Rich Cigars Inc)

Listing. 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 or any equivalent replacement ~~exchange,~~ market (including the ~~Nasdaq National Market (“Nasdaq”~~OTC Pinks as long as the Company continues to file reports under the Securities Exchange Act of 1934), the Nasdaq ~~SmallCap Market~~ stock market (“~~Nasdaq SmallCap~~Nasdaq”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTCQB and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Wisdom Homes of America, Inc.), Securities Purchase Agreement (Wisdom Homes of America, Inc.), Securities Purchase Agreement (Wisdom Homes of America, Inc.)

Listing. 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~~ any 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~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq SmallCap Market (“"Nasdaq SmallCap”"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s '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 notices it receives from the OTCBB 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.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Global Earth Energy, Inc.), Securities Purchase Agreement (Ecologix Resource Group, Inc.), Securities Purchase Agreement (Zaldiva Inc)

Listing. 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~~ OTCP or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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”)~~ FINRA and such exchanges, as applicable. The Company shall promptly provide to the Buyer copies of any notices it receives from the ~~OTCBB~~ OTCP 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.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Black Cactus Global, Inc.), Securities Purchase Agreement (Hemp Naturals, Inc.), Securities Purchase Agreement (Hemp Naturals, Inc.)

Listing. The Company shall ~~promptly secure the~~ seek to obtain a listing of the Conversion Shares upon ~~each national securities exchange or automated quotation system, if any,~~ a Trading Market upon which shares of Common Stock ~~are then~~ will be listed or quoted as soon as possible after the Closing Date (~~subject to official notice of issuance~~the “NASDAQ Approval”) 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 or quotation on a Trading Market of all Conversion Shares from time to time issuable upon conversion of the ~~Note~~Notes. A “Trading Market” shall mean any regulated or self-regulated exchange or organized trading market, including the NASDAQ Capital Market, the New York Stock Exchange, OTCQX, OTCQB or OTC Pink Marketplace, as applicable. 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 or any equivalent replacement exchange, the Nasdaq National~~ a Trading Market ~~(“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”)~~ 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~~regulatory authorities, as applicable. The Company shall promptly provide to the Buyer copies of any notices it receives from ~~the OTCBB~~ a Trading Market and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Freeseas Inc.), Securities Purchase Agreement (Freeseas Inc.), Securities Purchase Agreement (Freeseas Inc.)

Listing. 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~~Notes. 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~~ OTC MARKETS or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq~~”), the Nasdaq SmallCap Market (“Nasdaq SmallCap~~”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTC MARKETS and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Propanc Biopharma, Inc.), Securities Purchase Agreement (Propanc Health Group Corp), Securities Purchase Agreement (Propanc Health Group Corp)

Listing. 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~~ Investor 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~~ Investor owns any of the Securities, maintain the listing and trading of its Common Stock on the ~~OTCBB~~ OTCQB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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~~ Investor copies of any 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.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Mphase Technologies Inc), Securities Purchase Agreement (Greater Cannabis Company, Inc.), Securities Purchase Agreement (Cannabis Global, Inc.)

Listing. 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 or any equivalent replacement ~~exchange~~exchange (including the OTC Pinks as long as the Company continues to file reports under the Securities Exchange Act of 1934), the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 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.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Premier Biomedical Inc), Securities Purchase Agreement (Premier Biomedical Inc), Securities Purchase Agreement (SearchCore, Inc.)

Appears in 4 contracts

Sources: Securities Purchase Agreement (Peabodys Coffee Inc/Nv), Securities Purchase Agreement (Peabodys Coffee Inc/Nv), Securities Purchase Agreement (Kanakaris Wireless)

Listing. 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 Note 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~~ OTC MARKETPLACE or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq”~~), the Nasdaq SmallCap Market (“Nasdaq SmallCap”),~~ ) or the New York Stock Exchange (“NYSE”), ~~or the American Stock Exchange (“AMEX”)~~ 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 notices it receives from the ~~OTCBB~~ OTC MARKETPLACE and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Tauriga Sciences, Inc.), Securities Purchase Agreement (Sirrus Corp.), Securities Purchase Agreement (Tiger Oil & Energy, Inc.)

Listing. 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~~ any 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~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange (“AMEX”)~~ NYSE Alternext 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 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.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Myecheck, Inc.), Securities Purchase Agreement (Myecheck, Inc.), Securities Purchase Agreement (Myecheck, Inc.)

Listing. 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~~ OTCBB, OTCQB or any equivalent replacement exchange, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq SmallCap Market (“"Nasdaq SmallCap”"), the New York Stock Exchange (“"NYSE”"), or the ~~American Stock Exchange (“AMEX”)~~ NYSE MKT and will comply in all respects with the Company’s '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~~ 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.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Wisdom Homes of America, Inc.), Securities Purchase Agreement (Wisdom Homes of America, Inc.), Securities Purchase Agreement (Hangover Joe's Holding Corp)

Listing. 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~~Notes. 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~~ OTC MARKETS or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq”), ~~the Nasdaq SmallCap Market (“Nasdaq SmallCap”),~~ or the New York Stock Exchange (“NYSE~~”), or the American Stock Exchange (“AMEX~~”) 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 notices it receives from the ~~OTCBB~~ OTC MARKETS and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Propanc Biopharma, Inc.), Securities Purchase Agreement (Propanc Biopharma, Inc.), Securities Purchase Agreement (Propanc Biopharma, Inc.)

Listing. 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 or any equivalent replacement ~~exchange~~exchange (including but not limited to the pink sheets), the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the OTCBB and any other exchanges or quotation systems (including but not limited to the pink sheets), on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such exchanges and quotation systems.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Powrtec Corp), Securities Purchase Agreement (Powrtec Corp), Securities Purchase Agreement (Powrtec Corp)

Listing. 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~~ 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 ~~American Stock Exchange (“AMEX”)~~ 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~~ 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(e).

Appears in 3 contracts

Sources: Securities Purchase Agreement (American Battery Metals Corp), Securities Purchase Agreement (American Battery Metals Corp), Securities Purchase Agreement (American Battery Metals Corp)

Listing. 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~~Securities but not longer than one year, maintain the listing and trading of its Common Stock on the ~~OTCBB~~ OTCQB or any equivalent replacement ~~exchange~~market, the Nasdaq ~~National Market~~ stock market (“Nasdaq~~”), the Nasdaq SmallCap Market (“Nasdaq SmallCap~~”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) and will use best efforts to 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 notices it receives from the ~~OTCBB~~ OTCQB and any other ~~exchanges or quotation systems~~ markets on which the Common Stock is then listed regarding the continued eligibility of the Common Stock for listing on such ~~exchanges and quotation systems~~markets.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Elite Data Services, Inc.), Securities Purchase Agreement (Elite Data Services, Inc.), Securities Purchase Agreement (Elite Data Services, Inc.)

Listing. 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~~ OTCBB, 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 American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTCBB, OTC PINK 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.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Sylios Corp), Securities Purchase Agreement (Q BioMed Inc.), Securities Purchase Agreement (Hydrocarb Energy Corp)

Appears in 3 contracts

Sources: Securities Purchase Agreement (Wellstar International, Inc.), Securities Purchase Agreement (Pacificap Entertainment Holdings Inc), Securities Purchase Agreement (Ameriresource Technologies Inc)

Listing. 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~~ OTCPK or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTCPK 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.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Hydrocarb Energy Corp), Securities Purchase Agreement (Hydrocarb Energy Corp), Securities Purchase Agreement (Mind Solutions Inc.)

Listing. 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,~~ issuance 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~~ OTC or any equivalent replacement exchange, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq SmallCap Market (“"Nasdaq SmallCap”"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s '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 notices it receives from the OTCBB 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.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Aja Cannafacturing, Inc.), Securities Purchase Agreement (Aja Cannafacturing, Inc.), Securities Purchase Agreement (IDS Industries, Inc.)

Listing. The Company shall promptly secure the listing of the Commitment Shares and 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 Commitment Shares and 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~~ OTCBB, OTCQB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange (“AMEX”)~~ 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~~ 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(g).

Appears in 3 contracts

Sources: Securities Purchase Agreement (Quanta Inc), Securities Purchase Agreement (Foothills Exploration, Inc.), Securities Purchase Agreement (Petrone Worldwide, Inc.)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq ~~SmallCap~~ Small Cap Market (“"Nasdaq ~~SmallCap”~~Small Cap"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (~~“AMEX”~~"AMEX ") and will comply in all respects with the ~~Company’s~~ 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 notices it receives from the OTCBB 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.~~system s.

Appears in 3 contracts

Sources: Securities Purchase Agreement (IDS Industries, Inc.), Securities Purchase Agreement (IDS Industries, Inc.), Securities Purchase Agreement (IDS Industries, Inc.)

Listing. The Company shall promptly secure the listing of the ~~Conversion~~ Purchased Shares and Warrant Shares upon the Principal Exchange and each other 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 any of the ~~Buyer~~ Buyers 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~~ Purchased Shares ~~from time~~ issuable pursuant to ~~time~~ this Agreement, Warrant Shares issuable upon ~~conversion~~ exercise of or otherwise pursuant to the ~~Note~~Warrants. 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”)~~Principal Exchange, the Nasdaq SmallCap Market (the “Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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”)~~ Principal Exchange and ~~such exchanges, as applicable~~any other exchanges or automated quotation systems on which the Common Stock is then listed. The Company shall promptly provide to the Buyer copies of any notices it receives from the ~~OTCBB~~ Principal Exchange and any other exchanges or automated 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.

Appears in 3 contracts

Sources: Common Stock and Warrant Purchase Agreement, Common Stock and Warrant Purchase Agreement (Kana Software Inc), Common Stock and Warrant Purchase Agreement (Kana Software Inc)

Listing. ~~The~~ If required, 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~~listed or quoted, such listing or quotation 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 or quotation and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq ~~National~~ Global Market (“Nasdaq”), the Nasdaq ~~SmallCap~~ Capital Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the ~~American Stock~~ NYSE MKT Exchange (“~~AMEX~~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~~ Authority, Inc. (“FINRA”) and such exchanges, as applicable. The Company shall promptly provide to the Buyer copies of any notices it receives from the OTCBB and any other exchanges or quotation systems on which the Common Stock is then listed or quoted regarding the continued eligibility of the Common Stock for listing or quotation on such exchanges and quotation systems.

Appears in 2 contracts

Sources: Securities Purchase Agreement (AnythingIT, Inc.), Securities Purchase Agreement (AnythingIT, Inc.)

Listing. 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~~ OTC Pink, OTCQB or any equivalent replacement exchange, the Nasdaq ~~National~~ Global Select Market, Nasdaq Global Market, or Nasdaq Capital Market (“collectively ,"Nasdaq~~”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”~~"), the New York Stock Exchange (“"NYSE”"), or the NYSE American ~~Stock Exchange (“AMEX”)~~ and will comply in all respects with the Company’s '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~~ OTC Pink, 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(g).

Appears in 2 contracts

Sources: Securities Purchase Agreement (SusGlobal Energy Corp.), Securities Purchase Agreement (SusGlobal Energy Corp.)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange~~ NYSE MKT LLC (“AMEX”) 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 notices it receives from the OTCBB 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Greenestone Healthcare Corp), Securities Purchase Agreement (Greenestone Healthcare Corp)

Listing. 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 or any equivalent replacement ~~exchange~~exchange (including the OTCQB maintained by OTC Markets Group, Inc. (the “OTCQB”)), the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the OTCBB 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Pharmagen, Inc.), Securities Purchase Agreement (Pharmagen, Inc.)

Listing. 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~~ any 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~~Shares. The Company will use commercial reasonable efforts to obtain and, so long as ~~the~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the ~~OTCBB~~ OTCBB, OTCQB, OTC Pink or any equivalent replacement exchange, the Nasdaq ~~National~~ Global Market (“Nasdaq”), the Nasdaq ~~SmallCap~~ Capital Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the NYSE American ~~Stock Exchange (“AMEX”)~~ 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~~ each Buyer copies of any material notices it receives from the ~~OTCBB~~ 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(f).

Appears in 2 contracts

Sources: Securities Purchase Agreement (Arch Therapeutics, Inc.), Securities Purchase Agreement (Arch Therapeutics, Inc.)

Listing. 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~~ 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 ~~American Stock Exchange (“AMEX”)~~ NYSE MKT and will comply in all respects with the Company’s '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~~ 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Aim Exploration Inc.), Securities Purchase Agreement (Aim Exploration Inc.)

Listing. The Company shall promptly secure the listing of the Conversion Shares and Warrant 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,~~ and shall maintain, so long as any ~~other shares~~ Purchaser (or any of ~~Common Stock shall be so listed~~their affiliates) own any Securities, such listing of all Conversion Shares and Warrant Shares from time to time issuable upon conversion of the ~~Note~~Preferred Shares and exercise of the Warrants; PROVIDED, HOWEVER, that the Purchasers acknowledge and agree that the Company will be required to obtain Shareholder approval for the issuance of the Conversion Shares and the Warrant Shares subsequent to the First Closing in order to secure such listing with respect to listing a number of shares in excess of the Cap Amount (as defined in the Statement of Designation). The Company will ~~obtain and, so long as the Buyer owns any of the Securities, maintain~~ use its commercially reasonable best efforts to continue the listing and trading of its Common Stock on the ~~OTCBB or any equivalent replacement exchange~~NASDAQ Small Cap Market ("NSCM"), the ~~Nasdaq~~ NASDAQ National Market (~~“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”~~"NNM"), the New York Stock Exchange (“"NYSE~~”),~~ ") or the American Stock Exchange (“"AMEX”") 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~~NSCM, NNM, NYSE or AMEX as applicable. The Company shall promptly provide to ~~the Buyer~~ each holder of Preferred Shares or Warrants copies of any notices it receives ~~from the OTCBB 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~~ trading on ~~such exchanges and~~ the NSCM or, if applicable, any other securities exchange or automated quotation ~~systems~~system on which securities of the same class or series issued by the Company are then listed or quoted, if any.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Henley Healthcare Inc), Securities Purchase Agreement (Henley Healthcare Inc)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the ~~New York~~ Florida Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (NanoFlex Power Corp), Share Exchange Agreement (eLayaway, Inc.)

Listing. 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 or any equivalent replacement exchange, the ~~Nasdaq National~~ NNASDAQ Stock Market (“Nasdaq”), ~~the Nasdaq SmallCap Market (“Nasdaq SmallCap”)~~t, the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange~~ NYSE MKT LLC (“~~AMEX~~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 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.

Appears in 2 contracts

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

Listing. 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~~Debenture. 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~~ OTC MARKETS or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the ~~OTCBB~~ OTC MARKETS 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Jerrick Media Holdings, Inc.), Securities Purchase Agreement (Jerrick Media Holdings, Inc.)

Listing. The Company shall promptly secure the listing of the ~~Conversion Shares~~ Securities 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~~ any Debtholder 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 and Warrant Shares from time to time issuable upon conversion of the ~~Note~~Debentures or exercise of the Warrants. The Company will obtain and, so long as ~~the Buyer~~ any Debtholder owns any of the Securities, maintain the listing and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the ~~Financial Industry Regulatory Authority~~ National Association of Securities Dealers (“~~FINRA~~NASD”) and such exchanges, as applicable. The Company shall promptly provide to ~~the Buyer~~ each Debtholder copies of any notices it receives from the OTCBB 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.

Appears in 2 contracts

Sources: Debt Exchange Agreement (Lithium Technology Corp), Debt Exchange Agreement (Lithium Technology Corp)

Listing. 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 or any equivalent replacement exchange~~Nasdaq, ~~the Nasdaq National Market (“Nasdaq”)~~NasdaqSmallCap, ~~the Nasdaq SmallCap Market (“Nasdaq SmallCap”)~~NYSE, ~~the New York Stock Exchange (“NYSE”)~~AMEX, or the ~~American Stock Exchange (“AMEX”)~~ 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~~ Nasdaq 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~~ exchanges. The Company shall pay any and ~~quotation systems~~all fees and expenses in connection with satisfying its obligation under this Section 4(f).

Appears in 2 contracts

Sources: Securities Purchase Agreement (Edison Nation, Inc.), Securities Purchase Agreement (Edison Nation, Inc.)

Listing. The Company shall take all actions necessary to continue the listing and trading of its Common Stock on the National Association of Securities Dealers, Inc. OTC Bulletin Board (the "OTC BULLETIN BOARD") and shall comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of the NASD until such time as such Common Stock is listed on one of the securities exchanges or interdealer question systems set forth in the next sentence. The Company shall use its best efforts to secure the listing and trading of its Common Stock on either the American Stock Exchange ("AMEX"), the New York Stock Exchange ("NYSE"), the NASDAQ National Market System ("NASDAQ-NMS") or the NASDAQ Small Cap Market ("NASDAQ SMALL CAP") not later than December __, 1996, and thereafter to continue the listing and trading of its Common Stock thereon and will comply in all respects with the Company's reporting, filing and other obligations under the bylaws or rules of the NASD and such exchanges, as applicable. 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,~~ and 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the OTCBB 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 systemsPreferred Shares.

Appears in 2 contracts

Sources: Securities Purchase Agreement (American Biomed Inc), Securities Purchase Agreement (American Biomed Inc)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange~~ NYSE MKT (“AMEX”) 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 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Yappn Corp.), Securities Purchase Agreement (Yappn Corp.)

Listing. 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 and 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Mphase Technologies Inc), Securities Purchase Agreement (Mphase Technologies Inc)

Listing. The Company shall promptly secure ~~the~~ any required listing of the Conversion Shares and Warrant 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~~ any 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 and Warrant Shares from time to time issuable upon conversion of the ~~Note~~Debentures or exercise of the Warrants. The Company will obtain and, so long as ~~the~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the ~~OTCBB or any equivalent replacement exchange~~OTCBB, the Nasdaq National Market (~~“Nasdaq”~~"NASDAQ"), the Nasdaq SmallCap Market (~~“Nasdaq SmallCap”~~"NASDAQ SMALLCAP"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the ~~Financial Industry Regulatory Authority~~ National Association of Securities Dealers (~~“FINRA”~~"NASD") and such exchanges, as applicable. The Company shall promptly provide to ~~the~~ each Buyer copies of any notices it receives from the OTCBB 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Central Wireless Inc), Securities Purchase Agreement (Central Wireless Inc)

Listing. 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~~ 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 ~~American Stock Exchange (“AMEX”)~~ 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~~ notify the Buyer ~~copies~~ of any notices it receives from the ~~OTCBB~~ 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Realbiz Media Group, Inc), Securities Purchase Agreement (Realbiz Media Group, Inc)

Listing. The Company shall promptly secure the listing of the ~~Conversion Shares~~ Registrable Securities upon each national securities exchange or automated quotation system, if any, upon which shares of the Company's Common Stock are then listed (subject to official notice of issuance) and, so long as the ~~Buyer owns~~ Investors own any of the Registrable Securities, shall maintain, so long as any other shares of Common Stock shall be so listed, such listing of all ~~Conversion Shares~~ Registrable Securities from time to time issuable upon conversion of the ~~Note~~Debentures or exercise of the Warrants. The Company will obtain and, so long as ~~the Buyer~~ any Investor owns any of the Registrable Securities, maintain the listing and trading of its Common Stock on the ~~OTCBB or any equivalent replacement exchange~~OTCBB, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq SmallCap Market (“"Nasdaq ~~SmallCap”~~Smallcap"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the ~~Financial Industry Regulatory Authority~~ National Association of Securities Dealers (~~“FINRA”~~"NASD") and such exchanges, as applicable. The Company shall promptly provide to the ~~Buyer~~ Investors copies of any notices it receives from the OTCBB 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.

Appears in 2 contracts

Sources: 12% Senior Secured Convertible Debenture and Warrant Purchase Agreement (Americana Publishing Inc), 12% Senior Secured Convertible Debenture and Warrant Purchase Agreement (Americana Publishing Inc)

Listing. The Company shall promptly secure the listing of the Conversion Shares and Warrant 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,~~ and 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~~Preferred Shares and Warrant Shares from time to time issuable upon exercise of the Warrants. The Company will ~~obtain and~~not take any action adverse to the continued, ~~so long as the Buyer owns any of the Securities, maintain~~ and will use all commercially reasonable and lawful efforts to continue the listing and trading of its Common Stock on the ~~OTCBB or any equivalent replacement exchange~~NASDAQ, the ~~Nasdaq National~~ NASDAQ Small Cap Market (~~“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq~~ "SmallCap”"), the New York Stock Exchange (“"NYSE~~”),~~ ") or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the ~~Financial Industry Regulatory Authority~~ National Association of Securities Dealers (~~“FINRA”~~"NASD") and such exchanges, as applicable. The Company shall promptly provide to ~~the Buyer~~ each holder of Preferred Shares copies of any notices it receives ~~from the OTCBB 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~~ trading in the over-the-counter market or, if applicable, any securities exchange (including the NASDAQ) on ~~such exchanges and quotation systems~~which securities of the same class or series issued by the Company are then listed or quoted, if any.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Network Imaging Corp), Securities Purchase Agreement (Network Imaging Corp)

Listing. The Company shall promptly secure the listing of the Conversion Shares and Warrant 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~~ any 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 and Warrant Shares from time to time issuable upon conversion of or otherwise pursuant to the ~~Note~~Preferred Shares or exercise of or otherwise pursuant to the Warrants. The Company will obtain and, so long as ~~the~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock ~~on the OTCBB or any equivalent replacement exchange~~on, the ~~Nasdaq National Market (“Nasdaq”)~~NNM, the Nasdaq SmallCap Market (~~“Nasdaq SmallCap”~~"NASDAQ SMALLCAP"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the ~~Financial Industry Regulatory Authority~~ National Association of Securities Dealers (~~“FINRA”~~"NASD") and such exchanges, as applicable. The Company shall promptly provide to ~~the~~ each Buyer copies of any notices it receives from the ~~OTCBB~~ NNM 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Superconductor Technologies Inc), Securities Purchase Agreement (T Netix Inc)

Listing. ~~The~~ Promptly following receipt of the Stockholder Approvals, the Company shall ~~promptly secure the listing~~ file an Application for Listing of Additional Shares with respect to the Conversion Shares ~~upon each national securities exchange or automated quotation system~~and the Warrant Shares with AMEX. From the time that such listing form has been approved and thereafter, ~~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,~~ Company shall maintain, so long as any ~~other shares~~ Purchaser (or any of ~~Common Stock shall be so listed~~their affiliates) own any Securities, ~~such~~ the listing of all Conversion Shares and Warrant Shares from time to time issuable upon conversion of the ~~Note~~Preferred Stock and exercise of the Warrants on each national securities exchange or automated quotation system on which shares of Common Stock are currently listed. The Company will ~~obtain and, so long as the Buyer owns any of the Securities, maintain~~ use its best efforts to continue the listing and trading of its Common Stock on ~~the OTCBB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”)~~AMEX, the New York Stock Exchange (“the "NYSE”"), the Nasdaq National Market (the "NNM") or the ~~American Stock Exchange~~ Nasdaq SmallCap Market (~~“AMEX”~~the "NSCM") and will comply in all material respects with the ~~Company’s~~ reporting, filing and other obligations under the bylaws or rules of ~~the Financial Industry Regulatory Authority (“FINRA”)~~ AMEX and such ~~exchanges~~exchanges and national automated stock quotation systems, as applicable. The Company shall promptly provide to ~~the Buyer~~ each holder of Preferred Stock and/or Warrants copies of any notices it receives ~~from the OTCBB 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~~ trading on ~~such exchanges and~~ AMEX or, if applicable, any securities exchange or automated quotation ~~systems~~system on which securities of the same class or series issued by the Company are then listed or quoted, if any.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Lifepoint Inc), Securities Purchase Agreement (Lifepoint Inc)

Listing. 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~~ any 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~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq ~~National~~ Global Market (“Nasdaq”), the Nasdaq ~~SmallCap~~ Capital Market (“Nasdaq ~~SmallCap~~Capital”), the New York Stock Exchange (“NYSE”), or the ~~American Stock Exchange~~ NYSE Euronext (“~~AMEX~~NYSE EURONEXT”) 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 notices it receives from the OTCBB 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Solar Park Initiatives, Inc.), Securities Purchase Agreement (Solar Energy Initiatives, Inc.)

Listing. 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~~future Closings. 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 or any equivalent replacement ~~exchange~~quotation service, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the OTCBB 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Image Protect, Inc.), Securities Purchase Agreement (Kibush Capital Corp)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“''Nasdaq”''), the Nasdaq ~~SmallCap~~ Small Cap Market (“''Nasdaq ~~SmallCap”~~Small Cap"), the New York Stock Exchange (“''NYSE”''), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s '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 notices it receives from the OTCBB 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Vendum Batteries Inc.), Securities Purchase Agreement (Grid Petroleum Corp.)

Listing. 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~~Preferred Stock. 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (OxySure Systems Inc), Securities Purchase Agreement (OxySure Systems Inc)

Listing. 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~~ any 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~~Notes. The Company will obtain and, so long as ~~the~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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~~ each Buyer copies of any notices it receives from the OTCBB 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.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Univec Inc), Securities Purchase Agreement (Med Gen Inc)

Listing. The Company shall promptly secure the listing of the Conversion Shares upon each national securities exchange or automated quotation ~~system,~~ system if any, upon which shares of Common Stock are then listed (subject to official notice of issuance) ~~and,~~ and so long as the Buyer owns any of the Securities, shall ~~maintain,~~ 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,~~ and so long as the Buyer ~~owns~~ own s any of the Securities, maintain the listing and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq National Market (~~“Nasdaq”),~~ ' Nasdaq ") the Nasdaq SmallCap Market (“"Nasdaq SmallCap”"), the New York Stock Exchange (~~“NYSE”~~"NY SE"), or the American Stock Exchange (“"AMEX”") and will ~~comply~~ com ply in all respects with the ~~Company’s~~ 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 notices it ~~receives~~ receive from the OTCBB 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.

Appears in 1 contract

Sources: Securities Purchase Agreement (NYXIO TECHNOLOGIES Corp)

Listing. 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~~ OTC Pink, OTCQB or any equivalent replacement ~~exchange~~exchange or market, the Nasdaq ~~National~~ Global Market (“Nasdaq”), the Nasdaq ~~SmallCap~~ Capital Market (“Nasdaq ~~SmallCap~~Capital”), the New York Stock Exchange (“NYSE”), or the NYSE American ~~Stock Exchange (“AMEX”)~~ 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~~exchanges or markets, as applicable. The Company shall promptly provide to the Buyer copies of any material notices it receives from the ~~OTCBB~~ OTC Pink, 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. The Company shall pay any and all fees and expenses in connection with satisfying its obligation under this Section 4(g).

Appears in 1 contract

Sources: Securities Purchase Agreement (Sector 5, Inc.)

Listing. The Company shall promptly secure the listing of the Common Shares, the Conversion Shares and the Warrant 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,~~ and shall maintain, so long as any ~~other shares~~ Purchaser (or any of ~~Common Stock shall be so listed~~their affiliates) own any Securities, such listing of all Common Shares issued pursuant hereto, all Conversion Shares from time to time issuable upon conversion of the ~~Note~~Preferred Shares and all Warrant Shares from time to time issuable upon exercise of the Warrants. The Company will ~~obtain and, so long as the Buyer owns any of the Securities, maintain~~ take all action necessary to continue the listing and trading of its Common Stock on the ~~OTCBB or any equivalent replacement exchange~~New York Stock Exchange ("NYSE"), the American Stock Exchange ("AMEX"), the Nasdaq National Market (~~“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”),~~ "NNM") or the ~~American Stock Exchange (“AMEX”)~~ SmallCap and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the ~~Financial Industry Regulatory Authority~~ National Association of Securities Dealers (~~“FINRA”~~the "NASD") and such exchanges, as applicable. The Company shall promptly provide to ~~the Buyer~~ each Purchaser copies of any notices it receives ~~from the OTCBB 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~~ trading on ~~such exchanges and~~ the SmallCap or, if applicable, any securities exchange or automated quotation ~~systems~~system on which securities of the same class or series issued by the Company are then listed or quoted, if any.

Appears in 1 contract

Sources: Securities Purchase Agreement (Compu Dawn Inc)

Listing. The Company shall promptly secure the listing of the Conversion Shares and Warrant 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,~~ and shall maintain, so long as any ~~other shares~~ Purchaser (or any of ~~Common Stock shall be so listed~~their affiliates) own any Securities, such listing of all Conversion Shares from time to time issuable upon conversion of the ~~Note~~Preferred Shares and all Warrant Shares from time to time issuable upon exercise of the Warrants. The Company will ~~obtain and, so long as the Buyer owns any of the Securities, maintain~~ take all action necessary to continue the listing and trading of its Common Stock on the ~~OTCBB or any equivalent replacement exchange~~New York Stock Exchange ("NYSE"), the American Stock Exchange ("AMEX"), the Nasdaq National Market (~~“Nasdaq”~~"NNM"), the Nasdaq SmallCap Market (~~“Nasdaq SmallCap”),~~ "SMALLCAP") or in the ~~New York Stock Exchange~~ over the counter market on the electronic bulletin board (~~“NYSE”), or~~ the ~~American Stock Exchange (“AMEX”~~"Bulletin Board") and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the ~~Financial Industry Regulatory Authority (“FINRA”)~~ NASD and such exchanges, as applicable. The Company shall promptly provide to ~~the Buyer~~ each Purchaser copies of any notices it receives ~~from the OTCBB 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~~ trading on ~~such exchanges and~~ the Bulletin Board or, if applicable, any securities exchange or automated quotation ~~systems~~system on which securities of the same class or series issued by the Company are then listed or quoted, if any.

Appears in 1 contract

Sources: Securities Purchase Agreement (Environmental Products & Technologies Corp)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“'Nasdaq”'), the Nasdaq SmallCap Market (“'Nasdaq SmallCap”'), the New York Stock Exchange (“'NYSE”'), or the American Stock Exchange (“'AMEX”') and will comply in all respects with the Company’s '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 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.

Appears in 1 contract

Sources: Securities Purchase Agreement (Medican Enterprises, Inc.)

Listing. The Company shall promptly secure the listing of the ~~Conversion Shares~~ Restricted Stock 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~~ any 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~~ Restricted Stock from time to ~~time issuable upon conversion of the Note~~time. The Company will obtain and, so long as ~~the~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the OTCBB or any equivalent replacement exchange, the Nasdaq National Market (~~“Nasdaq”~~"NASDAQ"), the Nasdaq SmallCap Market (~~“Nasdaq SmallCap”~~"NASDAQ SMALLCAP"), the New York Stock Exchange (“"NYSE”"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the ~~Financial Industry Regulatory Authority~~ National Association of Securities Dealers (~~“FINRA”~~"NASD") and such exchanges, as applicable. The Company shall promptly provide to ~~the~~ Buyer copies of any notices it receives from the OTCBB 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.

Appears in 1 contract

Sources: Securities Purchase Agreement (Stem Cell Therapy International, Inc.)

Listing. The Company shall promptly secure the listing of the Conversion Shares upon each national securities exchange or automated quotation system, if any, upon ~~which~~ when shares of ~~Common Stock~~ common stock are then ~~listed (~~used subject to official notice of ~~issuance)~~ 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,~~ and so long as the Buyer owns any of the ~~Securities,~~ Securities maintain the listing and trading of its Common Stock on the ~~OTCBB~~ OTCOB or any equivalent replacement ~~exchange,~~ exchange the Nasdaq National Market (“Nasdaq”), ) the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“‘AMEX”’) 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,~~ exchanges as applicable. The Company shall promptly provide to the Buyer copies of any notices it receives from the ~~OTCBB~~ OTCOB 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.

Appears in 1 contract

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

Listing. The Company shall promptly secure the listing of the Conversion Shares and Warrant 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~~ any 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 or otherwise pursuant to the ~~Note~~Debentures (including upon exercise of the Investment Options) and all Warrant Shares from time to time issuable upon exercise of or otherwise pursuant to the Warrants. The Company will ~~obtain and,~~ so long as ~~the~~ any Buyer owns any of the Securities, maintain the listing and trading of its Common Stock on the ~~OTCBB or any equivalent replacement exchange,~~ OTC BB until the ~~Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”~~obligations under Section 4(l) are met and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the ~~Financial Industry Regulatory Authority~~ National Association of Securities Dealers (~~“FINRA”~~"NASD") and ~~such~~ any other exchanges, as applicable. The Company shall promptly provide to ~~the~~ each Buyer copies of any notices it receives from ~~the OTCBB~~ OTC BB 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.

Appears in 1 contract

Sources: Securities Purchase Agreement (Smartsources Com Inc)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“"Nasdaq”"), the Nasdaq ~~SmallCap~~ Small Cap Market (“"Nasdaq ~~SmallCap”~~Small Cap''), the New York Stock Exchange (~~“NYSE”~~"N YSE"), or the American Stock Exchange (“"AMEX”") and will comply in all respects with the Company’s ' 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 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.

Appears in 1 contract

Sources: Securities Purchase Agreement (Las Vegas Railway Express, Inc.)

Listing. 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 or any equivalent replacement exchange, the Nasdaq National Market (“Nasdaq”), the Nasdaq SmallCap Market (“Nasdaq SmallCap”), the New York Stock Exchange (“NYSE”), or the American Stock Exchange (“AMEX”) 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 notices it receives from the OTCBB 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.

Appears in 1 contract

Sources: Securities Purchase Agreement (Internet Media Services, Inc.)

Common use of Listing Clause in Contracts