Common use of Nasdaq National Market Clause in Contracts

Nasdaq National Market. The Common Stock is registered pursuant to Section 12(b) of the Exchange Act and is listed on the Nasdaq National Market ("Nasdaq"), and, except as contemplated by this Agreement, 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 delisting the Common Stock from Nasdaq, nor has the Company received any notification that the SEC or the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listing.

Nasdaq National Market. The Common Stock is registered pursuant to Section 12(b) of the Exchange Act and is listed on the Nasdaq National Market ("Nasdaq"), and, except as contemplated by this Agreement, 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 delisting the Common Stock from Nasdaq, nor has the Company received any notification that the SEC or the National Association of Securities DealersNASD, Inc. ("NASD") is contemplating terminating such registration or listing.

Nasdaq National Market. The Company's Common Stock is registered pursuant to Section 12(b12(g) of the Exchange Act and is listed on the Nasdaq National Market ("Nasdaq")Market, and, except as contemplated by this Agreement, 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 delisting de-listing the Common Stock from Nasdaqthe Nasdaq National Market, nor has the Company received any notification that the SEC Commission or the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listing.

Nasdaq National Market. The Common Stock is registered pursuant to Section 12(b) or 12(g) of the Exchange Act and is listed on the Nasdaq National Market ("Nasdaq")Market, and, except as contemplated by this Agreement, 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 delisting the Common Stock from Nasdaqthe Nasdaq National Market, nor has the Company received any notification that the SEC Commission or the National Association of Securities Dealers, Inc. (the "NASD") is contemplating terminating such registration or listing.

Nasdaq National Market. The Common Stock is registered pursuant to Section 12(b) or 12(g) of the Exchange Act and is listed on the Nasdaq National Market ("Nasdaq")Market, and, except as contemplated by this Agreement, 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 delisting the Common Stock from Nasdaqthe Nasdaq National Market, nor has the Company received any notification that the SEC Commission or the National Association of Securities Dealers, Inc. ("the “NASD"”) is contemplating terminating such registration or listing.

Nasdaq National Market. The Company's Common Stock is registered pursuant to Section 12(b12(g) of the Exchange Act and is listed on the Nasdaq National Market ("Nasdaq")Market, and, except as contemplated by this Agreement, 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 delisting de-listing the Common Stock from Nasdaqthe Nasdaq National Market, nor has the Company received any notification that the SEC or the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listing.

Nasdaq National Market. The Common Stock is registered pursuant to ---------------------- Section 12(b12(g) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and is listed on the Nasdaq National Market ("Nasdaq"), and, except as contemplated by this Agreement, the Market. 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 delisting the Common Stock from Nasdaqthe Nasdaq National Market, nor has the Company received any notification that the SEC Commission or the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating any termination of such registration or listing.

Nasdaq National Market. The Common Stock is registered pursuant to Section 12(b12(g) of the Exchange Act and is listed on the Nasdaq National Market System ("Nasdaq"), and, except as contemplated by this Agreement, the . The Company has taken no action designed toto delist, or which, to the Company's knowledge, is likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act or delisting the Common Stock from Nasdaq, nor has the . The Company received any notification that the SEC or shall comply with all requirements of the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listingwith respect to the issuance of the Securities and the listing of the Shares and the Underlying Shares on Nasdaq.

Nasdaq National Market. The Common Stock is registered pursuant to Section 12(b12(g) of the Exchange Act and is listed on the Nasdaq National Market System ("NasdaqNASDAQ"), and, except as contemplated by this Agreement, the . The Company has taken no action designed toto delist, or which, to the Company's knowledge, is likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act or delisting the Common Stock from Nasdaq, nor has the . The Company received any notification that the SEC or shall comply with all requirements of the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listingwith respect to the issuance of the Debentures and the listing of the Common Stock on Nasdaq.

Nasdaq National Market. The Common Stock is registered pursuant to Section 12(b12(g) of the Securities Exchange Act of 1934, as amended (the ``Exchange Act''), and is listed on the Nasdaq National Market ("Nasdaq"), and, except as contemplated by this Agreement, the Market. 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 delisting the Common Stock from Nasdaqthe Nasdaq National Market, nor has the Company received any notification that the SEC (commission or the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating any termination of such registration or listing.

Nasdaq National Market. The Common Stock is Shares are registered pursuant to Section 12(b) or 12(g) of the Exchange Act and is are listed on the Nasdaq National Market ("Nasdaq")Market, and, except as contemplated by this Agreement, 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 delisting the Common Stock from Nasdaqthe Nasdaq National Market, nor has the Company received any notification that the SEC Commission or the National Association of Securities Dealers, Inc. LLC (the "NASD") is contemplating terminating such registration or listing.

Nasdaq National Market. The Common Stock is registered pursuant to Section 12(b12(g) of the Exchange Act and is listed on the Nasdaq National Market System ("NasdaqNASDAQ"), and, except as contemplated by this Agreement, the . The Company has taken no action designed toto delist, or which, to the Company's knowledge, is likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act or delisting the Common Stock from Nasdaq, nor has the . The Company received any notification that the SEC or shall comply with all requirements of the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listingwith respect to the issuance of the Series A Preferred Stock and the listing of the Common Stock on Nasdaq.

Nasdaq National Market. The Company’s Common Stock is registered pursuant to Section 12(b12(g) of the Securities Exchange Act of 1934 (the “1934 Act”) and is listed on the Nasdaq National Market ("Nasdaq")Market, and, except as contemplated by this Agreement, 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 1934 Act or delisting de-listing the Common Stock from Nasdaqthe Nasdaq National Market, nor has the Company received any notification that the SEC Commission or the National Association of Securities Dealers, Inc. ("NASD") is contemplating terminating such registration or listing.