OTC Bulletin Board. None of the Shares are listed on any stock exchange or automated dealer quotation system and no representation has been made to the Investor that any of the Shares will become listed on any stock exchange or automated dealer quotation system, except that currently market makers make a market for the Company's common shares on the NASD's OTC Bulletin Board.
OTC Bulletin Board. The Company will use its best efforts to meet the requirements for quotation on the OTC Bulletin Board or other Trading Market for a period of at least three (3) years from the date of this Agreement, unless the Company fails to consummate an Acquisition Transaction and is required to liquidate its assets pursuant to its Charter Documents. “Trading Market” means the following markets or exchanges on which the Company’s Public Securities are listed or quoted for trading on the date in question: the New York Stock Exchange, NYSE Amex, the Nasdaq Global Market, the Nasdaq Global Select Market or the Nasdaq Capital Market.
OTC Bulletin Board. The Company shall cause PubCo to use best efforts and to cooperate in Rodman & Renshaw, LLC’s application to cause the Common Stock to become designated for quotation on the Principal Market as soon as practicable following the Closing Date and thereafter to comply with the rules of the Principal Market. If the Common Stock is not designated for quotation on the Principal Market by the 10th Business Day after the earlier to occur of the Effective Date (as defined in the Registration Rights Agreement) or the applicable Effectiveness Deadline (as defined in the Registration Rights Agreement) (such date, the “OTC Deadline”), then, as partial relief for the damages to any holder by reason of any such delay in or reduction of its ability to sell the underlying shares of Common Stock (which remedy shall not be exclusive of any other remedies available at law or in equity), the Company shall pay to each Investor (as such term is defined in the Registration Rights Agreement) an amount in cash equal to (i) 1.0% of the aggregate Purchase Price of such Investor’s Notes on the day of the OTC Deadline and (ii) 2.0% of the aggregate Purchase Price of such Buyer’s Notes on every 30th day after the day of the OTC Deadline (prorated for periods totaling less than 30 days) until the Common Stock is designated for quotation on the Principal Market. The payments to which an Investor shall be entitled pursuant to this Section 4(r) are referred to herein as “OTC Delay Payments”. OTC Delay Payments shall be paid on the earlier of (x) the dates set forth above and (y) the third Business Day after the first day that the Common Stock is designated for quotation on the Principal Market. In the event the Company fails to make OTC Delay Payments in a timely manner, such OTC Delay Payments shall bear interest at the rate of 2.0% per month (prorated for partial months) until paid in full. Notwithstanding anything herein or in the Registration Rights Agreement to the contrary, (i) no OTC Delay Payments shall be due and payable with respect to the Warrants or the Warrant Shares and (ii) in no event shall the aggregate amount of OTC Delay Payments payable to any Investor, together with any Registration Delay Payments (as defined in the Registration Rights Agreement) payable to such Investor, in each case that are outside of the control of the Company or PubCo, exceed, in the aggregate, 10% of the aggregate Purchase Price of such Investor’s Notes.
OTC Bulletin Board. For a period of 12 months following the Closing, Shiprock shall use its commercially reasonable efforts to cause its Common Stock to be traded on either the OTC Bulletin Board, on The Nasdaq Stock Market, or any exchange. Notwithstanding the foregoing, Shiprock shall not be deemed to be in breach of the foregoing covenant if it is removed from any trading system due to its failure to meet any balance sheet or other financial requirement established by the trading system.
OTC Bulletin Board. VMTI shares are listed on the OTC Bulletin Board under the symbol "VMAX". No representation is being made by VMTI of any trading of the shares of VMTI. At the Closing Date, VMTI's Rule 15c2-11 documentation, reports required to be filed with the SEC (but as of the date of this Agreement, VMTI states that it is not current with such reports), as discussed above shall have been updated and shall be current in all material respects, except as may appear on Schedule 3.15, attached hereto which exceptions shall be permitted only by the written consent of SONOMA.
OTC Bulletin Board. The Company shall cause ShellCo to use best efforts to comply with the rules of the Principal Market and to cause all of the Registrable Securities (as defined in the Registration Rights Agreement) covered by a Registration Statement (as defined in the Registration Rights Agreement) to be quoted thereon, unless listed or quoted on another Eligible Market. The Company shall cause ShellCo to promptly secure the listing of all of the Registrable Securities upon each national securities exchange and automated quotation system, if any, upon which shares of Common Stock are then listed (subject to official notice of issuance) and shall cause ShellCo to maintain, so long as any other shares of Common Stock shall be so listed, such listing of all Registrable Securities from time to time issuable under the terms of the Transaction Documents. The Company shall cause ShellCo and its Subsidiaries not to take any action which would be reasonably expected to result in the suspension or termination of trading of the Common Stock on the Principal Market. The Company shall cause ShellCo to pay all fees and expenses in connection with satisfying its obligations under this Section 4(s).