Common use of NASDAQ/NMS Clause in Contracts

NASDAQ/NMS. From the date hereof to the Closing Date, trading in the Company's Common Stock shall not have been suspended by the SEC or the Nasdaq NMS (or other Approved Market), and trading in securities generally as reported by the Nasdaq NMS (or other Approved Market) shall not have been suspended or limited, and the Common Stock shall not have been delisted from the Nasdaq NMS (or any other Approved Market where they are currently listed).

Appears in 2 contracts

Samples: Purchase Agreement (Zitel Corp), Convertible Subordinated Debenture Purchase Agreement (Zitel Corp)

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NASDAQ/NMS. From the date hereof to the applicable Closing Date, trading in the Company's Common Stock shall not have been suspended by the SEC or the Nasdaq NMS (or other Approved Market), and trading in securities generally as reported by the Nasdaq NMS (or other Approved Market) shall not have been suspended or limited, and the Common Stock shall not have been delisted from the Nasdaq NMS (or any other Approved Market where they are currently listed).

Appears in 1 contract

Samples: Preferred Stock Investment Agreement (Access Beyond Inc)

NASDAQ/NMS. From the date hereof to the Closing Date, trading in the Company's Common Stock shall not have been suspended by the SEC or the Nasdaq NMS (or other Approved Market), and trading in securities generally as reported by the Nasdaq NMS (or other Approved Market) shall not have been suspended or limited, and the Common Stock shall not have been delisted from the Nasdaq NMS (or any other Approved Market where they are currently listed), and the market value of the outstanding Common Stock shall not have decreased below $1.00 per share.

Appears in 1 contract

Samples: Preferred Stock Investment Agreement (General Magic Inc)

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NASDAQ/NMS. From the date hereof to the Closing Date, trading in the Company's Common Stock shall not have been suspended by the SEC or SEC, the Nasdaq NMS (or other Approved Market)) or the NASD, and trading in securities generally as reported by the Nasdaq NMS (or other Approved Market) shall not have been suspended or limitedlimited or minimum prices shall not have been established on securities whose trades are reported by the Nasdaq NMS, and the Common Stock shall not have been delisted from the Nasdaq NMS (or any other Approved Market where they are currently listed).

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Able Telcom Holding Corp)

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