Nasdaq SmallCap Market. The Common Stock is listed on The Nasdaq SmallCap Market, and there are no proceedings to revoke or suspend such listing. The issuance of the Shares will not contravene any NASDAQ Marketplace Rule. The Common Stock is registered pursuant to Section 12(g) of the Exchange Act. The Company has taken no action designed to, or which to its knowledge is likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act, delisting the Common Stock from The Nasdaq SmallCap Market. The Company has not received any notification that, and has no knowledge that, the SEC or the NASD is contemplating terminating such listing or registration. The issuance of the Shares does not require stockholder approval, including, without limitation, as may be required pursuant to the Nasdaq Marketplace Rules.
Nasdaq SmallCap Market. The Company shall use its best efforts to maintain its listing on the Nasdaq Smallcap Market (the "Listing").
Nasdaq SmallCap Market. On or before completion of this Offering, the Company shall make all filings required under applicable securities laws and by the Nasdaq SmallCap Market and will use its best efforts to maintain the listing of the Common Stock on the Nasdaq SmallCap Market, or if the Company so elects, the New York Stock Exchange, the American Stock Exchange, or the Nasdaq National Market for a period of two (2) years after the date hereof.
Nasdaq SmallCap Market. The issuance and sale of the Preferred Stock as contemplated by this Agreement complies with applicable Nasdaq governance standards.
Nasdaq SmallCap Market. The Common Stock is listed for trading on the Nasdaq SmallCap Market.
Nasdaq SmallCap Market. The Common Stock is registered pursuant to Section 12(g) of the Exchange Act and is listed on the Nasdaq SmallCap Market under the symbol “MTIC,” and the Company has taken no action designed to, or expected to have the effect of, terminating the registration of the Common Stock under the Exchange Act or delisting the Common Stock from the Nasdaq SmallCap Market. Since May 1, 2004, the Company has not received any notification that the Commission or Nasdaq is contemplating terminating such registration or listing or that it is in violation of the Nasdaq listing standards. There are no matters with respect to which the Company has received notice of violation or deficiency from Nasdaq that, to the Company’s Knowledge, remain open or unresolved.
Nasdaq SmallCap Market. The Company’s Common Stock is listed on the Nasdaq SmallCap Market maintained by the National Association of Securities Dealers, Inc. (“NASD”), and for so long as any Purchaser owns any of the Securities or Conversion Shares, the Company shall use its best efforts to continue the listing and trading of its Common Stock on the Nasdaq SmallCap Market or to secure and maintain listing and trading on the Nasdaq National Market System, the New York Stock Exchange or the American Stock Exchange, and shall comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of such market or exchange. The Company is not aware of any delisting or suspension proceeding regarding its Common Stock or any SEC or NASD inquiries regarding the Company and does not reasonably anticipate any such delisting, suspension or inquiry.
Nasdaq SmallCap Market. The Company’s Common Stock shall be currently trading on the Nasdaq SmallCap Market. The Company and Purchasers shall not be aware of any delisting or suspension proceeding regarding the Company’s Common Stock or any SEC or NASD inquiries regarding the Company, nor shall the Company or any Purchaser reasonably anticipate any such delisting, suspension or inquiry.
Nasdaq SmallCap Market. Parent shall use its best efforts to obtain the listing on Nasdaq SmallCap Market, at or before the Effective Time, of the additional shares of Parent Common Stock to be issued pursuant to the Merger.
Nasdaq SmallCap Market. Take all action ---------------------- required, if any, to cause the issuance of the Preferred Shares to comply with the Corporate Governance Rules of the NASDAQ SmallCap Market and the Preferred Conversion Shares to be qualified for inclusion in the NASDAQ SmallCap Market and shall give such notice as required, if any, to the National Association of Securities Dealers, Inc. with respect to the Transaction Documents and the Transactions.
