Common use of Board Composition and Board Designations Clause in Contracts

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 213 contracts

Samples: Underwriting Agreement (SeqLL, Inc.), Underwriting Agreement (ENDRA Life Sciences Inc.), Underwriting Agreement (Key Mining Corp.)

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Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 106 contracts

Samples: Underwriting Agreement (Scripps Safe, Inc.), Underwriting Agreement (Cognition Therapeutics Inc), Underwriting Agreement (Tesspay Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board Board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Senior Exchange and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 29 contracts

Samples: Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (AiXin Life International, Inc.)

Board Composition and Board Designations. The Company shall use its reasonable best efforts to ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 19 contracts

Samples: Underwriting Agreement (Helius Medical Technologies, Inc.), Underwriting Agreement (Yield10 Bioscience, Inc.), Underwriting Agreement (Jaguar Health, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder that are applicable to the Company and with the listing requirements of the Trading Market and (ii) if applicableapplicable to the Company, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 19 contracts

Samples: Underwriting Agreement (AquaBounty Technologies, Inc.), Underwriting Agreement (AquaBounty Technologies, Inc.), Underwriting Agreement (AquaBounty Technologies, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board Board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Senior Exchange and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 16 contracts

Samples: Underwriting Agreement (Mainz Biomed N.V.), Underwriting Agreement (Mainz Biomed N.V.), Underwriting Agreement (Mainz Biomed N.V.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors shall comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Nasdaq Stock Market and (ii) and, if applicable, at least one member of the Board of Directors qualifies must qualify as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 13 contracts

Samples: Underwriting Agreement (Innovation Beverage Group LTD), Underwriting Agreement (Innovation Beverage Group LTD), Underwriting Agreement (Innovation Beverage Group LTD)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors shall comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Nasdaq Stock Market and (ii) LLC and, if applicable, at least one member of the Board of Directors qualifies must qualify as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 12 contracts

Samples: Underwriting Agreement (Bright Green Corp), Underwriting Agreement (AppTech Payments Corp.), Underwriting Agreement (AppTech Payments Corp.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board Board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Exchange and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 11 contracts

Samples: Underwriting Agreement (AeroClean Technologies, LLC), Underwriting Agreement (Scopus BioPharma Inc.), Underwriting Agreement (Scopus BioPharma Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors shall comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Nasdaq Stock Market and (ii) and, if applicable, at least one member of the Board of Directors qualifies must qualify as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 10 contracts

Samples: Underwriting Agreement (Med-X, Inc.), Underwriting Agreement (Med-X, Inc.), Underwriting Agreement (Flewber Global Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 that are applicable to the Company and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicableapplicable the Company, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Tantech Holdings LTD), Underwriting Agreement (China SXT Pharmaceuticals, Inc.), Underwriting Agreement (Tantech Holdings LTD)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors shall comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading The Nasdaq Stock Market and (ii) LLC and, if applicable, at least one (1) member of the Board of Directors qualifies must qualify as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 6 contracts

Samples: Underwriting Agreement (Lafayette Energy Corp.), Underwriting Agreement (Inspire Veterinary Partners, Inc.), Underwriting Agreement (T1V, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board Board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Exchange and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 6 contracts

Samples: Underwriting Agreement (Creatd, Inc.), Underwriting Agreement (Inspira Technologies OXY B.H.N. LTD), Underwriting Agreement (Inspira Technologies OXY B.H.N. LTD)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a "financial expert" as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 6 contracts

Samples: Underwriting Agreement (OceanPal Inc.), Underwriting Agreement (Sphere 3D Corp), Underwriting Agreement (Cel Sci Corp)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder for smaller reporting companies and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 5 contracts

Samples: Lock Up Agreement (Applied UV, Inc.), Underwriting Agreement (Applied UV, Inc.), Underwriting Agreement (Applied UV, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the applicable listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunderMarket.

Appears in 4 contracts

Samples: Underwriting Agreement (CombiMatrix Corp), Underwriting Agreement (CombiMatrix Corp), Underwriting Agreement (CombiMatrix Corp)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Market; and (ii) if applicable, at least one (1) member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Nanoviricides, Inc.), Engagement Agreement (Telemynd, Inc.), Engagement Agreement (Telemynd, Inc.)

Board Composition and Board Designations. The During the Registration Period, the Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (RXi Pharmaceuticals Corp), Underwriting Agreement (RXi Pharmaceuticals Corp), Underwriting Agreement (RXi Pharmaceuticals Corp)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 that are applicable to the Company and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicableapplicable the Company, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (BIT ORIGIN LTD), Underwriting Agreement (Farmmi, Inc.), Underwriting Agreement (Farmmi, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements rules of the Trading The Nasdaq Stock Market LLC and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxRegulation S-Xxxxx Act of 2002 K and the listing rules promulgated thereunderof The Nasdaq Stock Market LLC.

Appears in 3 contracts

Samples: Underwriting Agreement (Sun BioPharma, Inc.), Underwriting Agreement (Sun BioPharma, Inc.), Underwriting Agreement (Sun BioPharma, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board Board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Nasdaq and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (U-Bx Technology Ltd.), Underwriting Agreement (U-Bx Technology Ltd.), Underwriting Agreement (U-Bx Technology Ltd.)

Board Composition and Board Designations. The Company shall use its best efforts to ensure that: (i) the i)the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if ii)if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Newgioco Group, Inc.), Underwriting Agreement (Newgioco Group, Inc.), Underwriting Agreement (Newgioco Group, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder applicable to the Company and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a "financial expert" as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Seelos Therapeutics, Inc., Seelos Therapeutics, Inc., Seelos Therapeutics, Inc.

Board Composition and Board Designations. The Company shall use reasonable best efforts to ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Catalyst Biosciences, Inc.), Underwriting Agreement (Catalyst Biosciences, Inc.), Underwriting Agreement (WaferGen Bio-Systems, Inc.)

Board Composition and Board Designations. The Company shall ensure that, if required by applicable law, rule or regulation and no exemption therefrom is available: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Olb Group, Inc.), Underwriting Agreement (Olb Group, Inc.), Underwriting Agreement (Olb Group, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market (subject to applicable cure periods provided thereby) and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (AnPac Bio-Medical Science Co., Ltd.), Underwriting Agreement (Monaker Group, Inc.), Monaker Group, Inc.

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Market, and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Uranium Energy Corp), Underwriting Agreement (Uranium Energy Corp), Underwriting Agreement (Uranium Energy Corp)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the applicable rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (iMedia Brands, Inc.), iMedia Brands, Inc.

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act, with the Exchange Act of 2002 and the rules promulgated thereunder and with the listing requirements rules of any national securities exchange in the Trading Market event the Company seeks to have its Common Stock listed on a national exchange, and (ii) if applicable, at least one member of the Audit Committee of the Board of Directors qualifies as a an audit committee financial expert,” as such term is defined under the XxxxxxxxRegulation S-Xxxxx Act of 2002 and the rules promulgated thereunder.K.

Appears in 2 contracts

Samples: Underwriting Agreement (Eyegate Pharmaceuticals Inc), Underwriting Agreement (Eyegate Pharmaceuticals Inc)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act, the Exchange Act of 2002 and the listing rules promulgated thereunder and with the listing requirements of the Trading Market NasdaqCM, and (ii) if applicable, at least one member of the Audit Committee of the Board of Directors qualifies as a an audit committee financial expert,” as such term is defined under the XxxxxxxxRegulation S-Xxxxx Act of 2002 K and the listing rules promulgated thereunderof the NasdaqCM.

Appears in 2 contracts

Samples: Underwriting Agreement (China Commercial Credit Inc), Underwriting Agreement (China Commercial Credit Inc)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Markets and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Avino Silver & Gold Mines LTD), Underwriting Agreement (Avino Silver & Gold Mines LTD)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Todos Medical Ltd.), Underwriting Agreement (Artelo Biosciences, Inc.)

Board Composition and Board Designations. The Company shall use commercially reasonable efforts to ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Warrant Agency Agreement (DelMar Pharmaceuticals, Inc.), Underwriting Agreement (DelMar Pharmaceuticals, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder that are applicable to the Company and with the listing requirements of the Trading Market and (ii) if applicableapplicable to the Company, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Cellect Biotechnology Ltd.), Underwriting Agreement (Kitov Pharmaceuticals Holdings Ltd.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act, with the Exchange Act of 2002 and the rules promulgated thereunder and with the listing requirements rules of the Trading Market and (ii) if applicableExchange or any other national securities exchange, at least one member of as the Board of Directors qualifies as a “financial expert” as such term is defined under case may be, in the Xxxxxxxx-Xxxxx Act of 2002 and event the rules promulgated thereunder.Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and

Appears in 2 contracts

Samples: Underwriting Agreement (Cancer Genetics, Inc), Underwriting Agreement (Heat Biologics, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors shall comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies shall qualify as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (SHENGFENG DEVELOPMENT LTD), SHENGFENG DEVELOPMENT LTD

Board Composition and Board Designations. The Company shall use commercially reasonable efforts to ensure that: (i) the qualifications of the persons serving as board Board members and the overall composition of the Board of Directors comply in all material respects with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Exchange and (ii) if applicable, at least one member of the Board of Directors qualifies as a an audit committee financial expert” as such term is defined under the XxxxxxxxRegulation S-Xxxxx Act of 2002 and the rules promulgated thereunder.K.

Appears in 2 contracts

Samples: Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors shall comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Nasdaq Stock Market and (ii) LLC and, if applicable, at least one member of the Board of Directors qualifies must qualify as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Statera Biopharma, Inc.), Underwriting Agreement (GeoVax Labs, Inc.)

Board Composition and Board Designations. The Company shall use its reasonable best efforts to ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Helius Medical Technologies, Inc.), Underwriting Agreement (Helius Medical Technologies, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a an audit committee financial expert” as such term is defined under the XxxxxxxxRegulation S-Xxxxx K promulgated under the Securities Act of 2002 and the rules promulgated thereunderExchange Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Toughbuilt Industries, Inc), Underwriting Agreement (Toughbuilt Industries, Inc)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members directors and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Viveve Medical, Inc.), Viveve Medical, Inc.

Board Composition and Board Designations. The Company shall ensure that, if required by applicable law, rule or regulation and no exemption therefrom is available: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Indonesia Energy Corp LTD), Underwriting Agreement (Indonesia Energy Corp LTD)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market in each case as applicable to the Company and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Cesca Therapeutics Inc.), Underwriting Agreement (Intellipharmaceutics International Inc.)

Board Composition and Board Designations. The Company shall use reasonable best efforts to ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (WaferGen Bio-Systems, Inc.), Underwriting Agreement (WaferGen Bio-Systems, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act, with the Exchange Act of 2002 and the rules promulgated thereunder and with the listing requirements rules of the Trading Market Exchange, and (ii) if applicable, at least one member of the Audit Committee of the Board of Directors qualifies as a an audit committee financial expert,” as such term is defined under the XxxxxxxxRegulation S-Xxxxx Act of 2002 K and the listing rules promulgated thereunderof the Exchange.

Appears in 2 contracts

Samples: Underwriting Agreement (usell.com, Inc.), Underwriting Agreement (usell.com, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the applicable rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Volitionrx LTD), Underwriting Agreement (Volitionrx LTD)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (IsoRay, Inc.), Underwriting Agreement (IsoRay, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Market; and (ii) if applicable, at least one (1) member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Tonix Pharmaceuticals Holding Corp.), Underwriting Agreement (Tonix Pharmaceuticals Holding Corp.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder applicable to the Company and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Apricus Biosciences, Inc., Apricus Biosciences, Inc.

Board Composition and Board Designations. The Company shall ensure that: (i) that the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements rules of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunderNASDAQ Capital Market.

Appears in 2 contracts

Samples: Underwriting Agreement (Xenetic Biosciences, Inc.), Underwriting Agreement (Xenetic Biosciences, Inc.)

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Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder that are applicable to the Company and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (DarioHealth Corp.), Dare Bioscience, Inc.

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSaxxxxxx-Xxxxx Act Xct of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSaxxxxxx-Xxxxx Act Xct of 2002 and the rules promulgated thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Pedevco Corp), Underwriting Agreement (Sigma Labs, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 that are applicable to the Company and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicableapplicable the Company, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.. ​

Appears in 1 contract

Samples: Underwriting Agreement (China Xiangtai Food Co., Ltd.)

Board Composition and Board Designations. The Company shall use commercially reasonable efforts to ensure that: (i) the qualifications of the persons serving as board Board members and the overall composition of the Board of Directors comply in all material respects with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Exchange and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Form of Underwriting Agreement (PeerStream, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, applicable at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Advanced Human Imaging LTD

Board Composition and Board Designations. The Company shall ensure that: (i) that the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Nasdaq Stock Market and (ii) and, if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (VerifyMe, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Nasdaq Capital Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Biotricity Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the any Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Golden Minerals Co)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 that are applicable to the Company and the rules promulgated thereunder and with the listing requirements of the Trading Market Market, subject to any applicable cure periods, and (ii) if applicableapplicable the Company, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Seachange International Inc)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors shall comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) and, if applicable, at least one member of the Board of Directors qualifies must qualify as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (It Tech Packaging, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors board comply with the Xxxxxxxx-Xxxxx Act of 2002 and or any other national securities exchange or national securities association, as the rules promulgated thereunder and with case may be, in the listing requirements of event the Trading Market Company seeks to have its common stock listed on an exchange, and (ii) if applicable, at least one member of the Board board of Directors directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Placement Agent Agreement (Endurance Exploration Group, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the i)the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Artelo Biosciences, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxxxxx- Xxxxx Act of 2002 that are applicable to the Company and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicableapplicable the Company, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Medigus Ltd.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Arch Therapeutics, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act, with the Exchange Act of 2002 and the rules promulgated thereunder and with the listing requirements rules of the Trading Market and (ii) if applicableExchange or any other national securities exchange, at least one member as the case may be, in the event the Company seeks to have any of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.its securities listed on another exchange or quoted on an automated quotation system, and

Appears in 1 contract

Samples: Underwriting Agreement (Sorrento Therapeutics, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market as applicable to foreign private issuers and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Painreform Ltd.)

Board Composition and Board Designations. The While the Company’s securities are listed on a Trading Market, the Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Immix Biopharma, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Markets and (ii) if applicable, at least one member of the Board of Directors qualifies as a "financial expert" as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: GREENPOWER MOTOR Co INC.

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (BT Brands, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a "financial expert" as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (BT Brands, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one (1) member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Tenon Medical, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one (1) member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (CYREN Ltd.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board Board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Nasdaq and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (MED EIBY Holding Co., LTD)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002 and the rules promulgated rxxxx xxxxxxxxxed thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a "financial expert" as such term is defined under the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002 and the rules promulgated rxxxx xxxxxxxxxed thereunder.

Appears in 1 contract

Samples: Cel Sci Corp

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Provectus Biopharmaceuticals, Inc.)

Board Composition and Board Designations. The Company shall use reasonable best efforts to ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors board comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market market and (ii) if applicable, at least one member of the Board board of Directors directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Adventrx Pharmaceuticals Inc)

Board Composition and Board Designations. The During the Reporting Period, the Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one (1) member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Cleanspark, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members of the Company and the overall composition of the Board of Directors shall comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Nasdaq Capital Market and (ii) and, if applicable, at least one member of the Board of Directors qualifies must qualify as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (mCloud Technologies Corp.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Exchange and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Hylete, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) that the qualifications of the persons serving as board members of the Board of Directors and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements rules of any national securities exchange, as the Trading Market and (ii) if applicablecase may be, at least one member of in the Board of Directors qualifies as event the Company seeks to have its Public Securities listed on a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereundernational securities exchange or quoted on an automated quotation system.

Appears in 1 contract

Samples: Underwriting Agreement (Aastrom Biosciences Inc)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market Exchange and (ii) if applicable, at least one member of the Board of Directors qualifies as a “financial expert” as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (J-Star Holding Co., Ltd.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder and with the listing requirements of the Trading Market NYSE MKT and (ii) if applicable, at least one member of the Board of Directors qualifies as a "financial expert" as such term is defined under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (First Choice Healthcare Solutions, Inc.)

Board Composition and Board Designations. The Company shall ensure that: (i) the qualifications of the persons serving as board members and the overall composition of the Board of Directors comply with the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules promulgated thereunder and with the listing requirements of the Trading Market and (ii) if applicable, at least one (1) member of the Board of Directors qualifies as a “financial expert” as such term is defined under the Xxxxxxxx-Xxxxx Act of 2002 2002, as amended, and the rules promulgated thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Hoth Therapeutics, Inc.)

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