Common use of Nasdaq Compliance Clause in Contracts

Nasdaq Compliance. The Company's Common Stock is registered pursuant to Section 12(g) of the Exchange Act (as defined in Section 4.13) and is listed on the Nasdaq National Market of the Nasdaq Stock Market (the "Nasdaq Stock Market"), and the Company has taken no action designed to, or likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act or de-listing the Common Stock from the Nasdaq Stock Market, nor has the Company received any notification within the 12 months preceding the date of this Agreement that the Securities and Exchange Commission (the "SEC") or the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listing.

Nasdaq Compliance. The Company's Common Stock is registered pursuant to ----------------- Section 12(g) of the Exchange Act (as defined in Section 4.13) and is listed on the The Nasdaq National Market of the Nasdaq Stock Market (the "Nasdaq Stock MarketNasdaq"), and the Company has taken no action designed to, or likely to have the effect of, terminating terminate the registration of the Common Stock under the Exchange Act or de-listing delisting the Common Stock from the Nasdaq Stock MarketNasdaq. The Company is not aware of, nor and has the Company not received any notification within notice of, any efforts or actions to terminate the 12 months preceding registration of the date Common Stock under the Exchange Act or delist the Common Stock from Nasdaq. The Company shall use its commercially reasonable efforts to comply with all requirements of this Agreement that the Securities and Exchange Commission (the "SEC") or the National Association of Securities Dealers, Inc. with respect to the issuance of the Warrant and the Shares and the listing of the Shares on Nasdaq at all times during the period beginning on the date hereof and ending two years from the date of effectiveness of the Registration Statement ("NASD") is contemplating terminating such registration or listingas defined in Section 5.1).

Nasdaq Compliance. The Company's Common Stock is registered pursuant to Section 12(g) of the Exchange Act (as defined in Section 4.13) and is listed on the Nasdaq National SmallCap Market of the Nasdaq Stock Market (the "Nasdaq Stock Market"), and the Company has taken no action designed to, or likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act or de-listing the Common Stock from the Nasdaq Stock Market, nor has the Company received any notification within the 12 months preceding the date of this Agreement that the Securities and Exchange Commission (the "SEC") or the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listing.

Nasdaq Compliance. The Company's Common Stock is registered pursuant to Section 12(g) of the Securities Exchange Act of 1934, as amended (as defined in Section 4.13the "Exchange Act") and is listed on the Nasdaq National Market of the The Nasdaq Stock Market, Inc. National Market (the "Nasdaq Stock National Market"), and the Company has taken no action designed to, or likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act or de-listing the Common Stock from the Nasdaq Stock National Market, nor has the Company received any notification within the 12 months preceding the date of this Agreement that the Securities and Exchange Commission (the "SEC") or the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listing.

Nasdaq Compliance. The Company's Common Stock is registered pursuant to Section 12(g) of the Securities Exchange Act of 1934, as amended (as defined in Section 4.13the "Exchange Act") , and is listed on the Nasdaq National Market of the The Nasdaq Stock Market, Inc. SmallCap Market (the "Nasdaq Stock Market"), and the . The Company has taken no action designed to, or likely to have the effect of, and the transactions contemplated by this Agreement will not have the effect of, terminating the registration of the Common Stock under the Exchange Act or de-listing the Common Stock from the Nasdaq Stock Market, nor . The Company has the Company not received any notification within the 12 months preceding the date of this Agreement that the Securities and Exchange Commission (the "SEC") or the National Association of Securities Dealers, Inc. (the "NASD") is contemplating terminating such registration or listing. Without limiting the foregoing, the Transaction Documents and the transactions contemplated by them require no stockholder approval under the rules or interpretations of the Nasdaq Market.

Nasdaq Compliance. The Company's Common Stock is registered ----------------- pursuant to Section 12(g) of the Exchange Act (as defined in Section 4.13) and is listed on the The Nasdaq National Market of the Nasdaq Stock Market (the "Nasdaq Stock MarketNasdaq"), and the Company has taken no action designed to, or likely to have the effect of, terminating terminate the registration of the Common Stock under the Exchange Act or de-listing delisting the Common Stock from the Nasdaq Stock MarketNasdaq. The Company is not aware of, nor and has the Company not received any notification within notice of, any efforts or actions to terminate the 12 months preceding registration of the date Common Stock under the Exchange Act or delist the Common Stock from Nasdaq. The Company shall use its commercially reasonable efforts to comply with all requirements of this Agreement that the Securities and Exchange Commission (the "SEC") or the National Association of Securities Dealers, Inc. with respect to the issuance of the Shares and the listing thereof on Nasdaq at all times during the period beginning on the date hereof and ending two years from the date of effectiveness of the Registration Statement ("NASD") is contemplating terminating such registration or listingas defined in Section 5.1).