Common use of Exchange Listing and Exchange Act Registration Clause in Contracts

Exchange Listing and Exchange Act Registration. The Common Stock is approved for listing on the NYSE MKT, subject only to official notice of issuance. The Shares, when issued, will be listed on the NYSE MKT. The Company is in compliance with the rules and regulations of the NYSE MKT LLC, subject to the exception, cure periods and phase in periods, to the extent applicable. The documents filed by the Company pursuant the Exchange Act; when they became effective or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Act or the Exchange Act, as applicable, and were filed on a timely basis with the Commission and none of such documents contained an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; any further documents so filed and incorporated by reference in the Time of Sale Disclosure Package or in the Prospectus, when such documents are filed with the Commission, will conform in all material respects to the requirements of the Exchange Act, and will not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Exchange Listing and Exchange Act Registration. The Common Stock is approved for listing on The Nasdaq Capital Market (the NYSE MKT“Nasdaq CM”) equities market, subject only to official notice of issuance. The SharesSecurities, when issued, will be listed on the NYSE MKTNasdaq CM. The Company is in compliance with the rules and regulations of the NYSE MKT NASDAQ Stock Market, LLC, subject to the exception, cure periods and phase in periods. Since April 1, to 2011, the extent applicable. The documents filed by the Company pursuant to the Exchange Act; , when they became effective or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Act or the Exchange Act, as applicable, and were filed on a timely basis with the Commission and none of such documents contained an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; any further documents so filed and incorporated by reference in the Time of Sale Disclosure Package or in the Prospectus, when such documents are filed with the Commission, will conform in all material respects to the requirements of the Exchange Act, and will not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Exchange Listing and Exchange Act Registration. The Common Stock is approved for listing on the NYSE MKTNasdaq Capital Market, subject only to official notice of issuance. The Shares, when issued, will be listed on the NYSE MKTNasdaq Capital Market. The Company is in compliance with the rules and regulations of the NYSE MKT LLCNasdaq Capital Market, subject to the exception, cure periods and phase in periods, to the extent applicable. The documents filed by the Company pursuant the Exchange Act; ;, when they became effective or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Act or the Exchange Act, as applicable, and were filed on a timely basis with the Commission and none of such documents contained an untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; any further documents so filed and incorporated by reference in the Time of Sale Disclosure Package or in the Prospectus, when such documents are filed with the Commission, will conform in all material respects to the requirements of the Exchange Act, and will not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.