Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a Trading Market, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (First Wave BioPharma, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed and, and concurrently with promptly following the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market, subject only to official notice of issuance thereof. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is reasonably necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Intuitive Machines, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with prior to the Closing, the Company shall apply have applied to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure concurrently with the Closing, the Company shall have secured the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sino-Global Shipping America, Ltd.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a Trading Market, and concurrently Concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Conversion Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Conversion Shares and the Warrant Shares on such Trading Market to the extent required by the rules of such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Conversion Shares and the Warrant Shares, Shares and will take such other action as is necessary to cause all of the Underlying Conversion Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The For so long as the Company will then take all action reasonably necessary to continue maintains a listing or quotation of the listing and trading of its Common Stock on a Trading Market and will comply in all respects with Market, the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use commercially reasonable efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed until the Warrants are no longer outstanding, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares Shares, and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading MarketMarket until the Warrants are no longer outstanding. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfertransfer until the Warrants are no longer outstanding.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Investor Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Investor Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Investor Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Investor Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer. For the avoidance of doubt, the obligations of the Company set forth in this Section 4.10 are subject in their entirety to Section 5.19.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tetraphase Pharmaceuticals Inc)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Preferred Investment Option Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Preferred Investment Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Preferred Investment Option Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Preferred Investment Option Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (NRX Pharmaceuticals, Inc.)
Listing of Common Stock. 4.9.1. The Company hereby agrees to use commercially its reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially its reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable its best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Subject to Section 4.11 hereof, the Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (International Land Alliance Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations of which it has control under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the principal Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such the principal Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Emerald Bioscience, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and and, subject to effecting the Charter Amendment, the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and, promptly following the execution and concurrently with the Closingdelivery of this Agreement, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is reasonably necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use its reasonable best efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Innovate Biopharmaceuticals, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading MarketMarket in the ordinary course. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is reasonably necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Guardion Health Sciences, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market (except in the event of any strategic transaction, company sale or other similar voluntary “de-listing” event) and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Highpower International, Inc.)
Listing of Common Stock. The For so long as the Warrants remains outstanding and exercisable, the Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Shares, Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Shares, Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Shares, Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, it agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company DTC or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company DTC or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, to the extent required the Company shall apply to list or quote all of the Underlying Common Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Common Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Common Shares and the Warrant Shares, Shares and will take such other action as is necessary to cause all of the Underlying Common Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Subject to Section 4.18, the Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to shall maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Transportation & Logistics Systems, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, Shares and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use commercially reasonable efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Matinas BioPharma Holdings, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly as soon as commercially practicable secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (AgEagle Aerial Systems Inc.)
Listing of Common Stock. The For so long as the Warrants remain outstanding and exercisable, the Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, Shares and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, it agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company DTC or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company DTC or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (xG TECHNOLOGY, INC.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and use its reasonable best efforts to promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is reasonably necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use its reasonable best efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Dermata Therapeutics, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Securities (including the Underlying Shares and the Warrant Shares Shares) on such Trading Market and promptly secure the listing or quotation of all of the Securities (including the Underlying Shares and the Warrant Shares Shares) on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading MarketMarket (including in accordance with Section 4.23), it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a such Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company DTC or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company DTC or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Charge Enterprises, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly use commercially reasonably efforts to secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (RiceBran Technologies)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Option Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Option Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer. Notwithstanding the foregoing, nothing herein shall prevent a sale, license, merger or other similar transaction involving the Company.
Appears in 1 contract
Samples: Underwriting Agreement (Panbela Therapeutics, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees shall use its commercially reasonable best efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially all reasonable commercial efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Beamz Interactive Inc)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Commitment Shares and the Warrant Underlying Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading MarketMarket (including in accordance with Section 4.23), it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a such Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.. 38 of 49
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a Trading the Nasdaq Capital Market, and concurrently with prior to the Closing, the Company shall apply to list or quote all of the Underlying Shares and and, if issued, the Warrant Shares on such Trading the Nasdaq Capital Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading the Nasdaq Capital Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and and, if issued, the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary use commercially reasonable efforts to continue the listing and trading of its Common Stock on a such other Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the such other Trading Market. The Company agrees to use commercially reasonable efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Helios & Matheson Analytics Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a Trading The Nasdaq Stock Market, and concurrently with prior to the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading The Nasdaq Stock Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading The Nasdaq Stock Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant SharesCommon Stock, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly as soon as commercially practicable secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (AgEagle Aerial Systems Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a Trading Market, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The During the Effectiveness Period, the Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Context Therapeutics Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares Closing Shares, and the Warrant Option Shares on such Trading the Nasdaq Capital Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Option Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Option Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The he Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Commitment Shares and the Warrant Underlying Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading MarketMarket (including in accordance with Section 4.23), it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a such Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will use best efforts to take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then use best efforts to take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use best efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pluristem Therapeutics Inc)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, to the extent required the Company shall apply to list or quote all of the Underlying Common Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Common Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Common Shares and the Warrant Shares, Shares and will take such other action as is necessary to cause all of the Underlying Common Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to shall maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable resaonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Xtant Medical Holdings, Inc.)
Listing of Common Stock. The Subject to Section 4.18, the Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to shall maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Mri Interventions, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the applicable Preferred Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the such Preferred Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Preferred Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Preferred Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably reasonable best efforts necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock and the Warrant Shares traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Atossa Therapeutics, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use commercially reasonable best efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Fortress Biotech, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Common Shares and the Warrant Underlying Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Common Shares and the Warrant Underlying Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Common Shares and the Warrant Underlying Shares, and will take such other action as is necessary to cause all of the Underlying Common Shares and the Warrant Underlying Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to shall maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Duos Technologies Group, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant SharesOption Shares (if applicable), and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Option Shares (if applicable) to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For a period of two years from the Execution Date,, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Underwriting Agreement (Capstone Green Energy Corp)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading MarketMarket prior to Closing. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Nymox Pharmaceutical Corp)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Option Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and and, when issued, the Warrant Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Option Shares, and will take such other action as is necessary to cause all of the Underlying Shares and and, when issued, the Warrant Option Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Loop Industries, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Remark Holdings, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Warrant Shares and the Warrant Conversion Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Warrant Shares and the Warrant Conversion Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Warrant Shares and the Warrant Conversion Shares, and will take such other action as is necessary to cause all of the Underlying Warrant Shares and the Warrant Conversion Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (AzurRx BioPharma, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a Trading Market, shall prepare and concurrently file with the Closing, the Company shall apply to list or quote Trading Market an additional shares listing application covering all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of shall use its best efforts to take all steps necessary to cause all of the Underlying Shares and the Warrant Shares on such Trading Marketto be approved for listing as promptly as possible thereafter. The Company further shall pay all fees and expenses in connection with satisfying its obligations under this Section 8.2. The Company agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Marketexchange or market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will use its best efforts to take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market exchange or market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market such other exchange or market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Marketsuch exchange or market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company (“DTC”) or another established clearing corporation, including, without limitation, including by timely payment of fees to the Depository Trust Company DTC or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tango Therapeutics, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable its best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the ClosingClosing on the Closing Date or the Second Closing Date, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Delcath Systems, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Option Shares on such Trading the Nasdaq Capital Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Option Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Option Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Underwriting Agreement (Unicycive Therapeutics, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Option Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Option Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer. Notwithstanding the foregoing, this paragraph shall not apply in the event of the acquisition of the Company, whether by merger or other form.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Option Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Option Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use its reasonable best efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Underwriting Agreement (Helius Medical Technologies, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the applicable Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer. In addition, the Company hereby agrees to use best efforts to secure, prior to the Secondary Closing, each required Shareholder Approval.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the each Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly thereafter secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pure Bioscience, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a Trading Market, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use commercially reasonable best efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Underlying Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Underlying Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Underlying Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Underlying Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock and Warrants for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Underwriting Agreement (Windtree Therapeutics Inc /De/)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed for as long as any Warrants remain outstanding, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Viking Therapeutics, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, to the extent required the Company shall apply to list or quote all of the Underlying Conversion Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Conversion Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Conversion Shares and the Warrant Shares, Shares and will take such other action as is necessary to cause all of the Underlying Conversion Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to shall maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Better Choice Co Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Option Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Option Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the NASDAQ Global Market or other national securities exchange (the “Trading Market”) on which it will be listed upon the Closing, and concurrently with the Closing, the Company shall shall, if required, apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Oncobiologics, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which they are currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock or Warrant Shares traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is reasonably necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock and Warrant Shares on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use its commercially reasonable efforts to maintain the eligibility of the Common Stock and Warrant Shares for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Soluna Holdings, Inc)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which such are currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Conversion Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Conversion Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Conversion Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Conversion Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use commercially reasonable efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Achieve Life Sciences, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Pre-Funded Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Pre-Funded Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Pre-Funded Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Pre-Funded Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations of which it has control under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Nurix Therapeutics, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is reasonably necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use reasonable best efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Motus GI Holdings, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed for as long as any Warrants remain outstanding, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Applied Dna Sciences Inc)
Listing of Common Stock. The Company hereby agrees to take all actions necessary and to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closingexecution of this Agreement, the Company shall shall, at its own cost, apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market, no later than such date as reasonably requested by the Purchaser. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (China Jo-Jo Drugstores, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a Trading Marketthe NYSE American and Toronto Stock Exchange, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market the NYSE American and Toronto Stock Exchange and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Marketthe NYSE American and Toronto Stock Exchange. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tanzanian Gold Corp)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a each Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market and promptly use commercially reasonable best efforts to secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Option Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Option Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the such Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Conversion Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Conversion Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading MarketMarket (including in accordance with Section 4.23), it will then include in such application all of the Underlying Conversion Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Conversion Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a such Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (PhoneBrasil International Inc)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Conversion Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Conversion Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading MarketMarket (including in accordance with Section 4.22), it will then include in such application all of the Underlying Conversion Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Conversion Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a such Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to (i) use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and (ii) concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the 226972020 v12 Warrant Shares on such Trading Market and (iii) use commercially reasonable efforts to promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (ARCA Biopharma, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Common Shares and the Warrant Underlying Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Common Shares and the Warrant Underlying Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Common Shares and the Warrant Underlying Shares, and will take such other action as is necessary to cause all of the Underlying Common Shares and the Warrant Underlying Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to shall maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Aytu Bioscience, Inc)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use commercially reasonable efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Avalon GloboCare Corp.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and prior to or concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company DTC or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company DTC or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Option Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Option Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Option Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company DTC or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company DTC or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Nymox Pharmaceutical Corp)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Commitment Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Commitment Shares on such Trading MarketMarket to the extent required. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Commitment Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Commitment Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sport Endurance, Inc.)
Listing of Common Stock. The Company hereby agrees to use its best commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing or quotation and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Jaguar Animal Health, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a Trading MarketMarket through the second anniversary of the Closing date so long as the Company is then subject to the reporting requirements of the Exchange Act, and concurrently with prior to the Closing, the Company shall apply have applied to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Underlying Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Underlying Shares on such Trading Market. The Company further agreesagrees that, if the Company applies shall apply to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Underlying Shares, and will take such other action as is reasonably necessary to cause all of the Underlying Shares and the Warrant Underlying Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then shall take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the such Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cellectar Biosciences, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Jaguar Health, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Closing Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Closing Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Closing Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Closing Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use best efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Underwriting Agreement (Cellectar Biosciences, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly use commercially reasonable efforts to secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is reasonably necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The For so long as the Company maintains a listing or quotation of the Common Stock on a Trading Market, the Company agrees to use commercially reasonable efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer; provided, however, that this Section 4.10 shall not prevent a sale, merger or similar transaction involving the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (NeuroBo Pharmaceuticals, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading MarketMarket on or prior to the Closing Date. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all material respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to use reasonable best efforts to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Comera Life Sciences Holdings, Inc.)
Listing of Common Stock. The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of the Common Stock on a the Trading MarketMarket on which it is currently listed, and concurrently with prior to the Closing, the Company shall apply have applied to list or quote all of the Underlying Shares and the Warrant Shares on such Trading Market and promptly concurrently with the Closing, secure the listing or quotation of all of the Underlying Shares and the Warrant Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded or quoted on any other Trading Market, it will then include in such application all of the Underlying Shares and the Warrant Shares, and will take such other action as is necessary to cause all of the Underlying Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible. The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market and will comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Novo Integrated Sciences, Inc.)
