No Suspensions of Trading in Common Stock; Listing. The common stock of Company (i) shall be designated for quotation or listed on the NASDAQ Capital Market and (ii) shall not have been suspended, as of the Effective Date, by the United States Securities and Exchange Commission (the "Commission") or the NASDAQ Capital Market from trading on the NASDAQ Capital Market nor shall suspension by the Commission or the NASDAQ Capital Market have been threatened, as of the date hereof, either (A) in writing by the Commission or the NASDAQ Capital Market or (B) by falling below the minimum listing maintenance requirements of the NASDAQ Capital Market.
Appears in 2 contracts
Sources: Secured Subordinated Convertible Promissory Note (Bluefly Inc), Secured Subordinated Promissory Note (Bluefly Inc)
No Suspensions of Trading in Common Stock; Listing. The common stock of Company Common Stock, including the Purchased Shares, (i) shall be designated for listing and quotation or listed on the NASDAQ Capital Nasdaq Stock Market and (ii) shall not have been suspended, as of the Effective Closing Date, by the United States Securities and Exchange Commission (the "Commission") SEC or the NASDAQ Capital Nasdaq Stock Market from trading on the NASDAQ Capital Nasdaq Stock Market nor shall suspension by the Commission SEC or the NASDAQ Capital Nasdaq Stock Market have been threatened, as of the date hereofClosing Date, either (A) in writing by the Commission SEC or the NASDAQ Capital Nasdaq Stock Market or (B) by falling below the minimum listing maintenance requirements of the NASDAQ Capital Nasdaq Stock Market, in each case, excluding intraday suspensions of trading by the Nasdaq Stock Market.
Appears in 1 contract
Sources: Stock Purchase Agreement (Jacksonville Bancorp Inc /Fl/)