Common use of Listing of Underlying Shares and Related Matters Clause in Contracts

Listing of Underlying Shares and Related Matters. The Company shall take all necessary action to cause the Shares to be listed on the Nasdaq Capital Market as soon as practicable on or after the Closing Date. Without limiting the generality of the foregoing, no later than five Business Days after the Closing Date, the Company shall file with Nasdaq a Notification Form: Listing of Additional Shares for the listing of the Shares on the Nasdaq Capital Market, a copy of which shall be provided to the Investors. Further, if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it shall include in such application the Shares and will take such other action as is necessary to cause such Common Stock to be so listed. The Company will use commercially reasonable efforts to continue the listing and trading of its Common Stock on the Nasdaq Capital Market and, in accordance, therewith, will use commercially reasonable efforts to comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of such market or exchange, as applicable.

Appears in 3 contracts

Samples: Purchase Agreement (Response Genetics Inc), Purchase Agreement (Response Genetics Inc), Purchase Agreement (Response Genetics Inc)

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Listing of Underlying Shares and Related Matters. The Company shall take all necessary action to cause the Shares to be listed on the Nasdaq Capital Market as soon as practicable on or after the Closing Date. Without limiting the generality of the foregoing, no later than five Business Days after the Closing Date, the Company shall file with Nasdaq a Notification Form: Listing of Additional Shares for the listing of the Shares on the Nasdaq Capital MarketNasdaq, a copy of which shall be provided to the InvestorsInvestor. Further, if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it shall include in such application the Shares and will take such other action as is necessary to cause such Common Stock to be so listed. The Company will use commercially reasonable efforts to continue the listing and trading of its Common Stock on the Nasdaq Capital Market and, in accordance, therewith, will use commercially reasonable efforts to comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of such market or exchange, as applicable.

Appears in 1 contract

Samples: Form of Purchase Agreement (Response Genetics Inc)

Listing of Underlying Shares and Related Matters. The Company Buyer shall take all necessary action to cause the Shares to be listed on the Nasdaq The NASDAQ Capital Market (“Nasdaq”) as soon as practicable on or after the Closing Date. Without limiting the generality of the foregoing, no later than five Business Days thirty (30) business days after the Closing Date, the Company Buyer shall file with Nasdaq Nasdaq, as applicable, a Notification Form: Listing of Additional Shares for the listing of the Shares on the Nasdaq Capital MarketNasdaq, a copy of which shall be provided to the InvestorsSeller. Further, if the Company Buyer applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it shall include in such application the Shares and will take such other action as is necessary to cause such Common Stock to be so listed. The Company Buyer will use commercially reasonable efforts to continue the listing and trading of its Common Stock on the Nasdaq Capital Market and, in accordance, accordance therewith, will use commercially reasonable efforts to comply in all respects with the CompanyBuyer’s reporting, filing and other obligations under the bylaws or rules of such market or exchange, as applicable.

Appears in 1 contract

Samples: Asset Purchase Agreement (Response Genetics Inc)

Listing of Underlying Shares and Related Matters. The Company shall take all necessary action to cause the Shares to be listed on the Nasdaq Capital Market as soon as practicable on or after the Closing Date. Without limiting the generality of the foregoing, no later than five Business Days after the Closing Date, the Company shall file with Nasdaq a Notification Form: Listing of Additional Shares for the listing of the Shares on the Nasdaq Capital MarketNasdaq, a copy of which shall be provided to the Investorseach Investor. Further, if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it shall include in such application the Shares and will take such other action as is necessary to cause such Common Stock to be so listed. The Company will use commercially reasonable efforts to continue the listing and trading of its Common Stock on the Nasdaq Capital Market and, in accordance, accordance therewith, will use commercially reasonable efforts to comply in all respects with the Company’s reporting, filing and other obligations under the bylaws or rules of such market or exchange, as applicable.

Appears in 1 contract

Samples: Purchase Agreement (Response Genetics Inc)

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Listing of Underlying Shares and Related Matters. The Company shall hereby agrees, promptly following the Closing of the transactions contemplated by this Purchase Agreement, to take all necessary such action to cause the Shares, the Warrant Shares and the shares of Common Stock issuable under Section 7.1(a) hereof to be listed on the Nasdaq Capital Stock Market as soon promptly as practicable on or after the Closing Date. Without limiting the generality of the foregoing, possible but no later than five Business Days after the Closing Date, the Company shall file with Nasdaq a Notification Form: Listing of Additional Shares for the listing effective date of the Shares on registration contemplated by the Nasdaq Capital Market, a copy of which shall be provided to the InvestorsRegistration Rights Agreement. Further, The Company further agrees that if the Company applies to have its Common Stock or other securities traded on any other principal stock exchange or market, it shall will include in such application the Shares Common Stock underlying the Warrants, and will take such other action as is necessary to cause such Common Stock to be so listed. The Company will use commercially reasonable efforts take all action necessary to continue the listing and trading of its Common Stock on the Nasdaq Capital Stock Market and, in accordance, therewith, and will use commercially reasonable efforts to comply in all respects with the Company’s 's reporting, filing and other obligations under the bylaws or rules of such market or exchange, as applicable, to ensure the continued eligibility for trading of the Shares and the Warrant Shares thereon.

Appears in 1 contract

Samples: Purchase Agreement (Avi Biopharma Inc)

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