Listing definition
Examples of Listing in a sentence
In the event that Nasdaq raises comments, concerns or objections regarding the characterization of the Offering or the sufficiency of the offering price for purposes of Nasdaq Listing Rule 5635(d), the Company, the Purchasers and the Placement Agent agree to cooperate with each other in good faith to promptly address such comments or concerns, including, if required, seeking stockholder approval at a special or annual meeting of stockholders as promptly as practicable following the Closing.
The Company shall use commercially reasonable best efforts to structure and price the Offering such that the Per Share Purchase Price satisfies the Minimum Price requirements of Nasdaq Listing Rule 5635(d) (or any successor rule) and the Offering is characterized as a public offering for purposes of such rule, such that no stockholder approval of the issuance of the Securities is required as a condition to Closing.
An authorized officer of the Company shall have delivered to the Investors at the Closing Date a certificate certifying that the conditions specified in Sections 6.1(a) (Representations and Warranties), 6.1(b) (Performance), 6.1(c) (No Injunction), 6.1(d) (Consents), 6.1(e) (Transfer Agent), 6.1(f) (Adverse Changes), 6.1(k) (Listing Requirements) and 6.1(l) (No Injunction) of this Agreement have been fulfilled.