NYSE MKT. In order to comply with NYSE MKT rules, in no event shall the Company be obligated to issue a number of Shares under this Agreement equal to more than 19.9% of its outstanding shares of Common Stock, determined immediately prior to the Closing, and the Company agrees not to issue shares of Common Stock in any other related transaction or series of transactions (whether an additional financing or an acquisition transaction in consideration, in whole or part, for Common Stock) that would be integrated herewith and counted together so as to exceed such threshold.
NYSE MKT. The Common Stock is registered pursuant to Section 12(b) of the Exchange Act and is listed on the NYSE MKT LLC (“NYSE MKT”), and the Company has no action pending to terminate the registration of the Common Stock under the Exchange Act or delist the Common Stock from the NYSE MKT, nor has the Company received any notification that the SEC or the NYSE MKT is currently contemplating terminating such registration or listing.
NYSE MKT. The Common Stock has been registered under Section 12(b) of the Exchange Act and the Company will provide us with written notice of the approval of the Securities for listing on The NYSE MKT (the “NYSE MKT”), and, upon such notice, the Securities will be approved for listing on the NYSE MKT, subject to official notice of issuance.
NYSE MKT. The outstanding shares of the Earthstone Common Stock are listed for trading on the NYSE MKT. Earthstone is in material compliance with all applicable rules and policies set forth in the NYSE MKT Listed Company Manual.
NYSE MKT. To use its reasonable best efforts to list, effect and maintain the Common Stock on the NYSE MKT.
NYSE MKT. NYSE MKT shall have approved for listing the B2Gold Shares to be issued pursuant to the Scheme; and
NYSE MKT. The transactions contemplated under this letter agreement comply with all rules and regulations of NYSE MKT.
NYSE MKT. The Securities are duly listed and admitted and authorized for trading, subject to official notice of issuance and evidence of satisfactory distribution, on the NYSE MKT.
NYSE MKT. If required, the Company has filed in a timely manner an additional listing application relating to the Securities with the NYSE MKT. The Common Stock is registered under Section 12(b) of the 1934 Act and is listed on the NYSE MKT. The Company is currently in compliance with, and has at all times since June 17, 2013 been in compliance with, the listing requirements of the NYSE MKT. The Company has no reason to believe that it will not continue to be in compliance with all such listing requirements.
NYSE MKT. The issued and outstanding shares of Earthstone Common Stock are listed for trading on the NYSE MKT. Earthstone is in compliance in all material respects with all applicable rules and policies set forth in the NYSE MKT Company Guide. There is no suit, action or proceeding pending or, to the Knowledge of Earthstone, threatened against Earthstone by the NYSE MKT or the SEC with respect to any intention by such entity to deregister the Earthstone Common Stock or prohibit or terminate the listing of the Earthstone Common Stock on the NYSE MKT. Earthstone has taken no action that is designed to terminate the registration of the Earthstone Common Stock under the Exchange Act.
