NASDAQ SHAREHOLDER APPROVAL RULE. The Company shall have received written confirmation from Xxxxx Xxxxxxx Xxxxxxx & Xxxxx LLP that shareholder approval of the terms of the Series A-2 Preferred is not required pursuant to Rule 4350(i)(1)(D) of the Manual adopted by the National Association of Securities Dealers, Inc. prior to issuance and sale of the Series B Preferred.
NASDAQ SHAREHOLDER APPROVAL RULE. The Company shall have received written confirmation from Xxxxx Xxxxxxx Xxxxxxx & Xxxxx LLP that shareholder approval of the terms of the Series B Preferred is not -45- required pursuant to Rule 4350(i)(1)(d) of the Manual adopted by the National Association of Securities Dealers, Inc. prior to issuance and sale of the Series B Preferred.
