Shares Listed. In the case of FBS, FBS shall use its best efforts to (i) list, prior to the Effective Date, on the NYSE, subject to official notice of issuance, the shares of FBS Common Stock to be issued to the holders of USBC Common Stock in the Merger and (ii) if the USBC Preferred Stock is quoted on NASDAQ immediately prior to the Effective Time, prior to the Effective Date, either (at FBS's discretion) list on the NYSE, subject to official notice of issuance, or provide for the quotation on NASDAQ of the shares of New FBS Preferred Stock to be issued to the holders of USBC Preferred Stock in the Merger.
Appears in 3 contracts
Sources: Merger Agreement (Us Bancorp /Or/), Merger Agreement (First Bank System Inc), Merger Agreement (First Bank System Inc)