Common use of Trading on Nasdaq Clause in Contracts

Trading on Nasdaq. The Common Stock is authorized for quotation on the Nasdaq National Market system, and trading in the Common Stock on Nasdaq has not been suspended. The Company is (or will be at the Closing) in full compliance with the designation criteria of the Nasdaq National Market, and does not reasonably anticipate that the Common Stock will lose its designation as a Nasdaq National Market security, whether by reason of the transactions contemplated by this Agreement or the other Transaction Documents or otherwise. Stockholder approval for the issuance of the Preferred Shares is not required under NASD Rule 4460.

Trading on Nasdaq. The Common Stock is authorized for quotation ----------------- on the Nasdaq National Market system, and trading in the Common Stock on Nasdaq has not been suspended. The Company is (or will be at the Closing) in full compliance with the designation criteria of the Nasdaq National Market, and does not reasonably anticipate that the Common Stock will lose its designation as a Nasdaq National Market security, whether by reason of the transactions contemplated by this Agreement or the other Transaction Documents or otherwise. Stockholder approval for the issuance of the Preferred Shares is not required under NASD Rule 4460.

Trading on Nasdaq. The Common Stock is authorized for quotation on the Nasdaq National Market systemMarket, and trading in the Common Stock on Nasdaq has not been suspended. The Company is (or will be at the Closing) in full compliance with the designation criteria of the Nasdaq National Market, and does not reasonably anticipate that the Common Stock will lose its designation as a Nasdaq National Market securitySecurity, whether by reason of the transactions contemplated by this Agreement or Agreement, the other Transaction Documents or the Certificate of Designation, or otherwise. Stockholder approval for the issuance of the Preferred Shares is not required under NASD Rule 4460.