No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or for any other reason is unable to cause the Registrable Securities covered by the Registration Statement to be listed with Nasdaq National Market or one of the other Approved Markets (as defined in the Put and Call Agreement) at all times during the period ("Listing Period") from the 60th day following the Tranche Closing Date until such time as all of the Preferred Shares shall have been subject to mandatory conversion pursuant to the terms of the Certificate, then the Company shall provide to each Holder a Monthly Delay Payment, for each 30 day period or portion thereof during which such listing is not in effect. In addition to the foregoing, following the 30th day that such listing is not in effect, each Holder shall have the right to sell to the Company any or all of its Preferred Shares at the Mandatory Repurchase Price. The provisions of Section 2(b)(i)(B) shall apply to this Section 2(b)(ii)(A).
No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the applicable Approved Markets and each other securities exchange and market on which the Common Stock is then traded at all times during the period ("Listing Period") commencing the earlier of the effective date of the Registration Statement or the 60th day following the Closing Date, and continuing thereafter for so long as the Debentures are outstanding, then the Company shall pay in cash or Common Stock, as provided in Section 2(b)(v), to each Holder a Delay Payment for each 30-day period (or portion thereof) during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed, which Delay Payments shall not in the aggregate exceed the maximum percentage permitted by law.
No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed and/or quoted, as the case may be, with the Approved Market and each other securities exchange and market on which the Common Stock is then traded at all times during the period ("Listing Period") commencing the earlier of the effective date of the Registration Statement or the Effectiveness Deadline and continuing thereafter for so long as any Warrants are outstanding, then the Company shall make to each Holder a Monthly Delay Payment for each 30 day period (or portion thereof) during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed and/or quoted.
No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the Approved Market and each other securities exchange and market on which the Common Stock is then traded at all times during the period ("Listing Period") commencing the earlier of the effective date of the Registration Statement or the 90th day following the Closing Date, and continuing thereafter for so long as the Debentures are outstanding, then the Company shall pay in cash to each Holder a default payment at a rate (the "Default Payment Rate") equal to two percent (2%) of the sum of (x) the Outstanding Principal Amount of, (y) the accrued but unpaid interest on, plus (z) the accrued but unpaid or unrecognized default payments on the Debentures (the "Debenture Amount") held by such Holder for each 30-day period (or portion thereof) during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed.
No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or for any other reason is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the Principal Market or one of the other Approved Markets (as defined in the Purchase Agreement) at all times during the period (“Listing Period”) from the date (“Effectiveness Commencement Date”) which is the earlier of the effectiveness of the Registration Statement and the 69th day following the Closing Date (or the 129th day if the SEC elects to review the Registration Statement) until such time as the registration period specified in Section 5 terminates, then the Company shall provide to each Holder a Monthly Delay Payment, for each 30 day period or portion thereof (appropriately prorated) during which such listing is not in effect.
No Listing; Premium Price Redemption for Delisting of Class of Shares. In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the Approved Market and each other securities exchange and market on which the Common Stock is then traded at all times during the period ("Listing Period") from the earlier of (i) the 90th day following the Closing Date and (ii) the date the Registration Statement is declared effective by the SEC, until five years after the date hereof (the "Maturity Date"), then the Company shall pay in cash to each Holder a default payment in an amount equal to three percent (3%) of the aggregate market value represented by the shares of Common Stock held by such Holder and of theWarrant Shares (measured by the fair market value (as defined in the Warrant) of such shares as of the date the Company is obligated to make each payment) that would be issued upon full conversion of the Holder's Warrant (the "Share Value") for each 30-day period during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed.
No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the applicable Approved Markets and each other securities exchange and market on which the Common Stock is then traded at all times during the period ("Listing Period") commencing the earlier of the effective date of the Registration Statement or the Effectiveness Deadline and continuing thereafter for so long as the Warrants or Optional Warrants are outstanding, then the Company shall pay in cash or Common Stock, as provided in Section 2(b)(v), to each Holder a Monthly Delay Payment for each 30-day period (or portion thereof) during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed.
No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be approved for trading subject to issuance with an Approved Market: (1) at all times during the period ("LISTING PERIOD") commencing the earlier of the effective date of the Registration Statement or the 60th calendar day following the Filing Date, and continuing thereafter for so long as the Call Options are outstanding, then the Company shall pay in cash or Common Stock, as provided in Section 2(b)(i)(A), to each Holder a Default Payment for each 30-day period (or portion thereof) during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed and (2) within 30 calendar days following the Filing Date, then the Call Options shall become immediately exercisable.
No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed and/or quoted, as the case may be, with the Approved Market and each other securities exchange and market on which the Common Stock is then traded at all times during the Registration Period, or the Common Stock is otherwise suspended from trading thereon, then the Company shall make to each Holder a Monthly Delay Payment on the first business day following any such delisting or failure to be quoted or suspension. In addition, the Company shall pay to each Holder a Monthly Delay Payment for each 30 day period (or portion thereof) during the Registration Period from and after such failure, refusal or inability or suspension until the Registrable Securities and Common Stock are so listed and/or quoted and traded on such Approved Markets.
No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or for any other reason is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the Nasdaq NMS or one of the other Approved Markets (as defined in the Purchase Agreement) at all times during the period ("Listing Period") from the 90th day following the Closing Date until the Mandatory Conversion Date (as defined in the Certificate) then the Company shall provide to each Holder a default adjustment by immediately and permanently reducing by one percent (1%) for the first 30-day period or portion thereof and by one and one-half percent (1.5%) upon the commencement of each subsequent 30-day period or portion hereof, during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities, the percentage specified in Section 4(b)(i)(B) of the Certificate.
