Common use of No Listing; Premium Price Redemption for Delisting of Class of Shares Clause in Contracts

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 for any other reason is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the Pacific Exchange and the Nasdaq National Market or one of the other Approved Markets (as defined in the Put and Call Purchase Agreement) at all times during the period ("Listing Period") from the 60th earlier of the effectiveness of the Registration Statement and the 135th 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 Certificateregistration 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 during which such listing is not in effect. In addition to the foregoing, following the 30th 10th 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 and Warrants 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 for any other reason is unable to cause the Registrable Securities covered by the Registration Statement to be listed with Nasdaq National the Principal Market or one of the other Approved Markets (as defined in the Put and Call Purchase Agreement) by the earlier of the effectiveness of the Registration Statement or the 120th day following the Closing Date, and at all times thereafter during the registration 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 Certificatespecified in Section 5, 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 10th 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 and/or Warrants 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 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 Purchase Agreement) at all times during the period ("Listing Period") from the 60th earlier of the effectiveness of the Registration Statement and the 90th 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 Certificateregistration 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 during which such listing is not in effect. In addition to the foregoing, following the 30th 10th 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 Shares, Warrants and Options 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 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 Purchase 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).