Common use of Nasdaq Notification Clause in Contracts

Nasdaq Notification. The Company has provided the applicable listing of additional shares notification to NASDAQ, and received oral confirmation from NASDAQ that the listing of additional shares review process has been completed, and NASDAQ has not made any objection (not subsequently withdrawn) that the consummation of the transactions contemplated by this Agreement would violate NASDAQ listing rules applicable to the Company and that if not withdrawn would result in the delisting of the shares of Common Stock issuable upon the conversion of the Preferred Stock issued to the Investors pursuant to this Agreement and pursuant to the Certificate of Designations.

Appears in 2 contracts

Samples: Investment Agreement (Western Digital Corp), Investment Agreement (Western Digital Corp)

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Nasdaq Notification. The Company has provided the applicable listing of additional shares notification to NASDAQ, and received oral confirmation from NASDAQ that the listing of additional shares review process has been completed, and NASDAQ has not made any objection (not subsequently withdrawn) that the consummation of the transactions contemplated by this Agreement would violate NASDAQ listing rules applicable to the Company and that if not withdrawn would result in the delisting of the shares of Common Stock issuable upon the conversion of the Preferred Stock issued to the Investors Investor pursuant to this Agreement and pursuant to the Certificate of Designations.

Appears in 2 contracts

Samples: Investment Agreement (Western Digital Corp), Investment Agreement (Western Digital Corp)

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Nasdaq Notification. The Company has provided the applicable listing of additional shares notification to NASDAQ, and received oral confirmation notification from NASDAQ that the listing of additional shares review process has been completed, and NASDAQ has not made any objection (not subsequently withdrawn) that the consummation of the transactions contemplated by this Agreement would violate NASDAQ listing rules applicable to the Company and that if not withdrawn would result in the delisting of the shares of Common Stock issuable upon the conversion of the Preferred Stock issued to the Investors pursuant to this Agreement and pursuant to the Certificate of DesignationsClass A Shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (MDC Partners Inc)

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