Common use of Nasdaq Listing Clause in Contracts

Nasdaq Listing. The Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;

Appears in 7 contracts

Samples: Securities Purchase Agreement (Digital Recorders Inc), Securities Purchase Agreement (Emerge Interactive Inc), Securities Purchase Agreement (Authentidate Holding Corp)

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Nasdaq Listing. The Nasdaq Stock Market shall have -------------- waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D4310(17)(D) or such timeframe shall have expired without objection;

Appears in 5 contracts

Samples: Securities Purchase Agreement (Zoltek Companies Inc), Loan and Warrant Agreement (Zoltek Companies Inc), Loan and Warrant Agreement (Zoltek Companies Inc)

Nasdaq Listing. The If applicable, the Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;; and

Appears in 4 contracts

Samples: Securities Purchase Agreement (Biosphere Medical Inc), Securities Purchase Agreement (Tvia Inc), Securities Purchase Agreement (G Willi Food International LTD)

Nasdaq Listing. The Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;; and

Appears in 4 contracts

Samples: Securities Purchase Agreement (Drugmax Inc), Purchase Agreement (Tut Systems Inc), Securities Purchase Agreement (Emerge Interactive Inc)

Nasdaq Listing. The If applicable, the Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;

Appears in 4 contracts

Samples: Securities Purchase Agreement (Fushi International Inc), Securities Purchase Agreement (Kintera Inc), Securities Purchase Agreement (Adstar Inc)

Nasdaq Listing. The Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D4370(17)(D) or such timeframe shall have expired without objection;; and

Appears in 3 contracts

Samples: Securities Purchase Agreement (Generex Biotechnology Corp), Securities Purchase Agreement (Navarre Corp /Mn/), Securities Purchase Agreement (Generex Biotechnology Corp)

Nasdaq Listing. The Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Imcor Pharmaceutical Co), Securities Purchase Agreement (Imcor Pharmaceutical Co), Securities Purchase Agreement (Millennium Cell Inc)

Nasdaq Listing. The Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;. Trading in the Common Stock shall not have been suspended by the SEC or the Nasdaq Stock Market (except for any suspensions of trading of not more than one trading day solely to permit dissemination of material information regarding the Company) at any time since the date of execution of this Agreement, and the Common Stock shall have been at all times since such date listed for trading on the Nasdaq Small Cap Market or Nasdaq National Market.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Imcor Pharmaceutical Co), Securities Purchase Agreement (Imcor Pharmaceutical Co)

Nasdaq Listing. The Nasdaq Stock Market shall have -------------- waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D4310(17)(D) or such timeframe shall have expired without objection;.

Appears in 2 contracts

Samples: Loan and Warrant Agreement (Zoltek Companies Inc), Loan and Warrant Agreement (Zoltek Companies Inc)

Nasdaq Listing. The Nasdaq Stock Capital Market shall have waived application of the 15 day prior notice requirement contained in NASD Marketplace NASDAQ Rule 4310(c)(17)(D5250(e)(2) or such timeframe shall have expired without objection;

Appears in 2 contracts

Samples: Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.)

Nasdaq Listing. The Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D4310(17)(D) or such timeframe shall have expired without objection;

Appears in 2 contracts

Samples: Securities Purchase Agreement (Navarre Corp /Mn/), Securities Purchase Agreement (Navarre Corp /Mn/)

Nasdaq Listing. The If applicable, the Nasdaq Stock Market shall have waived application of the 15 calendar day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;

Appears in 2 contracts

Samples: Securities Purchase Agreement (Zf Partners Lp), Securities Purchase Agreement (I Many Inc)

Nasdaq Listing. The Nasdaq Stock Market shall have (i) waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D4310(c)(17) or such timeframe shall have expired without objection;, and (ii) provided a written interpretation to the Company that the issuance of the Securities does not require approval by the shareholders of the Company; and

Appears in 1 contract

Samples: Securities Purchase Agreement (Sorrento Networks Corp)

Nasdaq Listing. The If applicable, the (i) Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;objection and (ii) the Nasdaq Stock Market shall have confirmed in writing that shareholder approval is not required for the issuance of the Shares pursuant to this Agreement; and

Appears in 1 contract

Samples: Securities Purchase Agreement (Ampal-American Israel Corp)

Nasdaq Listing. The If applicable, the Nasdaq Stock Capital Market shall have (i) waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;, (ii) confirmed to the Company that the issuance and sale of the Shares as contemplated hereby will not require approval by the shareholders of the Company pursuant to the requirements of Nasdaq Marketplace Rule 4350(i).

Appears in 1 contract

Samples: Securities Purchase Agreement (Jones Soda Co)

Nasdaq Listing. The If applicable, the Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Nasdaq Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;

Appears in 1 contract

Samples: Securities Purchase Agreement (Kintera Inc)

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Nasdaq Listing. The Nasdaq Stock Market shall have -------------- waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D4310(17)(D) or such timeframe shall have expired without objection;; and

Appears in 1 contract

Samples: Loan and Warrant Agreement (Zoltek Companies Inc)

Nasdaq Listing. The Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D4310(c)(17) or such timeframe shall have expired without objection;objection and (ii) provided a written interpretation to the Company that the issuance of the Securities does not require approval by the shareholders of the Company; and

Appears in 1 contract

Samples: Securities Purchase Agreement (Sorrento Networks Corp)

Nasdaq Listing. The If applicable, the Nasdaq Stock Global Market shall have (i) waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;, (ii) confirmed to the Company that the issuance and sale of the Shares as contemplated hereby will not require approval by the shareholders of the Company pursuant to the requirements of Nasdaq Marketplace Rule 4350(i).

Appears in 1 contract

Samples: Securities Purchase Agreement (Sonic Innovations Inc)

Nasdaq Listing. The If applicable, (i) the Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objectionobjection and (ii) the Nasdaq Stock Market shall have confirmed in writing that shareholder approval is not required for the issuance of the Shares pursuant to this Agreement;

Appears in 1 contract

Samples: Securities Purchase Agreement (Ampal-American Israel Corp)

Nasdaq Listing. The If applicable, the Nasdaq Stock Global Market shall have (i) waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;, (ii) confirmed to the Company that the issuance and sale of the Securities as contemplated hereby will not require approval by the shareholders of the Company pursuant to the requirements of Nasdaq Marketplace Rule 4350(i); and

Appears in 1 contract

Samples: Securities Purchase Agreement (Mathstar Inc)

Nasdaq Listing. The Nasdaq Stock Market shall have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;. The issuance and sale of the Initial Debentures and Initial Shares shall not violate the rules and regulations of the Nasdaq Stock Market, including Rule 4350.

Appears in 1 contract

Samples: Securities Purchase Agreement (Millennium Cell Inc)

Nasdaq Listing. The If applicable, the Nasdaq Stock Global Market shall have (i) waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;, (ii) confirmed to the Company that the issuance and sale of the Shares as contemplated hereby will not require approval by the shareholders of the Company pursuant to the requirements of Nasdaq Marketplace Rule 4350(i); and

Appears in 1 contract

Samples: Securities Purchase Agreement (Sonic Innovations Inc)

Nasdaq Listing. The Nasdaq Stock Market shall -------------- have waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D4310(17)(D) or such timeframe shall have expired without objection;; and

Appears in 1 contract

Samples: Securities Purchase Agreement (Zoltek Companies Inc)

Nasdaq Listing. The If applicable, the Nasdaq Stock Capital Market shall have (i) waived application of the 15 day prior notice contained in NASD Marketplace Rule 4310(c)(17)(D) or such timeframe shall have expired without objection;, (ii) confirmed to the Company that the issuance and sale of the Shares as contemplated hereby will not require approval by the shareholders of the Company pursuant to the requirements of Nasdaq Marketplace Rule 4350(i); and

Appears in 1 contract

Samples: Securities Purchase Agreement (Jones Soda Co)

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