Common use of NASDAQ Approval Clause in Contracts

NASDAQ Approval. NASDAQ has reviewed the transactions contemplated hereby, including but not limited to the terms of the Preferred Shares set forth in the Articles of Amendment; NASDAQ has completed its review and has raised no objections; and NASDAQ has raised no objections to the listing of the Common Stock issuable upon conversion of the (a) Series C Preferred Stock and (b) non-voting Common Stock underlying the Series B-1 Preferred Stock.

NASDAQ Approval. NASDAQ has reviewed the transactions contemplated hereby, including but not limited to the terms of the Preferred Shares set forth in the Articles of Amendment; NASDAQ has completed its review and has raised no objections; and NASDAQ has raised no objections to the listing of the Common Stock issuable upon the consummation of (i) the conversion of the (a) Series C Preferred Stock and (bii) nonthe TARP Exchange and any conversion of the Non-voting Voting Common Stock underlying the Series B-1 Preferred Stockthat may be issued in connection therewith.

NASDAQ Approval. NASDAQ has reviewed the transactions contemplated hereby, including but not limited to the terms of the Preferred Shares set forth in the Articles of Amendment; NASDAQ has completed its review and has raised no objections; and NASDAQ has raised no objections to the listing of the Common Stock issuable upon conversion of (i) the (a) Series C Preferred Stock and (bii) non-voting Common Stock underlying the Series B-1 Preferred Stock.

NASDAQ Approval. NASDAQ has reviewed the transactions contemplated hereby, including but not limited to the terms of the Preferred Shares set forth in the Articles of Amendment; NASDAQ has completed its review and has raised no objections; and NASDAQ has raised no objections to the listing of the Common Stock issuable upon conversion of the (a) Series C Preferred Stock and (b) non-voting Common Stock underlying the Series B-1 Preferred Stock.

NASDAQ Approval. NASDAQ has reviewed the transactions contemplated hereby, including but not limited to the terms of the Preferred Shares set forth in the Articles of Amendment; NASDAQ has completed its review and has raised no objections; and NASDAQ has raised no objections to the listing of the Common Stock issuable upon conversion of the (a) Series C Preferred Shares comprising Voting Common Stock and (b) non-voting Common Stock underlying the Series B-1 Preferred StockUnderlying Shares.