No Listing. The Company’s Common Stock is not registered pursuant to Section 12(b) or 12(g) of the Exchange Act.
No Listing. Without the prior written consent of TWX, neither the Company nor any Person acting on its behalf shall take any action to list the Units or the Unit Warrants on any exchange or inter-dealer quotation system, including any over-the-counter inter-dealer quotation system and to list the Notes other than on the Euro MTF market of the Luxembourg Stock Exchange.
No Listing. The Notes shall be issued pursuant to an exemption from registration under the Securities Act. The Issuer agrees that it will not at any time (i) apply to list, list or list upon notice of issuance, (ii) consent to or authorize an application for the listing or the listing of, or (iii) enable or authorize the trading of the Notes on an established securities market, including (w) a national securities exchange registered under the Exchange Act or exempted from registration because of the limited volume of transactions; (x) a foreign securities exchange that, under the law of the jurisdiction where it is organized, satisfies regulatory requirements that are analogous to the regulatory requirements under the Exchange Act applicable to exchanges described in subclause (w); (y) a regional or local exchange; or (z) an over-the-counter market, as the term “established securities market” and the terms in subclauses (w), (x), (y) and (z) are defined for purposes of Section 7704 of the Code. The Trustee shall retain copies of all letters, notices and other written communications received pursuant to Section 2.10 hereof or this Section 2.11. The Issuer shall have the right to inspect and make copies of all such letters, notices, Confidentiality Agreements or other written communications at any reasonable time upon the giving of reasonable written notice to the Trustee.
No Listing. The Holder acknowledges the fact that neither the Preferred Shares nor any other securities of the Company are listed on any stock exchange or quoted on any securities quotation service, that they may never become listed or quoted thereon, that a market therefore may never develop, that the Company is not a “reporting issuer” (or the equivalent thereof) in any jurisdiction, that the Preferred Shares are subject to an indefinite “hold period” under applicable Canadian and United States securities legislation and that it will not be able to resell the Preferred Shares until the expiration of the applicable “hold period” (which period, in most Canadian jurisdictions, will not commence until after the Company has become a “reporting issuer”) except in accordance with limited exemptions under applicable securities legislation and regulatory policy and in compliance with the other requirements of applicable laws.
No Listing. None of the Premises or any property currently or ---------- formerly owned, operated or used by Borrower, or any property to which Borrower may have transported, treated or disposed or arranged for the transport, or disposal of any "contaminant" is listed as a site on the National Priorities list (as defined in CERCLA) or other comparable list of sites of environmental concern.
No Listing. Shares of Common Stock shall not be listed or quoted or are otherwise suspended from trading on a Trading Market for a period of five consecutive Trading Days;
No Listing. No real property currently or formerly owned, operated or leased by any Company is listed on, or has been proposed for listing on, the National Priorities List (or CERCLIS) under CERCLA, or any similar state list.
No Listing. In the event that TXB fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the American Stock Exchange, Inc. ("Amex") and each other securities exchange(s) and markets on which the Common Stock is then traded at all times during the period ("Listing Period") from the 90th day following the Closing Date until the Forced Conversion Date (provided that such date shall be deferred one (1) day for each day that there is no Effective Registration), then TXB shall pay to each Holder a default payment in an amount equal to three percent (3%) of the Liquidation Preference for the Preferred Shares held by such Holder for each thirty (30) day period during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed; provided, however, that the foregoing default payments shall not be assessed for more than six (6) thirty (30) day periods in one calendar year.
No Listing. (n) the Acquirer is not currently listed or quoted on any U.S. stock exchange or over-the- counter market; Certain Transactions
No Listing. The Company will not list or seek to list any of its securities on any securities exchange or other market that would result in the Private Placement or the Transaction or any aspect thereof requiring shareholder approval for any reason.
