Common Stock Payment Condition

Common Stock Payment Condition. Each of the following events: (i) the payment to be made in Common Stock shall not cause the number of shares of Common Stock beneficially owned by any Holder to exceed 4.99% of the total number of shares of Common Stock then outstanding; 2 (ii) the Registration Statement shall have been declared effective and be available to each Holder, and shall cover the number of Registrable Securities required by... the Registration Rights Agreement, or all Registrable Securities may be sold by each Holder pursuant to Rule 144(k) under the Securities Act; (iii) (x) the Common Stock shall be listed on the Nasdaq National Market or the New York Stock Exchange and trading in the Common Stock on such market or exchange shall not have been suspended, and (y) the Company shall be in compliance, in all material respects, with each of the quantitative and qualitative listing standards and requirements (without regard to any specified compliance periods) of the Nasdaq National Market or the New York Stock Exchange, as the case may be, and (z) the Company shall not have received any notice from the NASD or the New York Stock Exchange, as the case may be, that the Company may not be in such compliance; and (iv) a Fundamental Change, or an event that with the giving of notice, would constitute a Fundamental Change, shall not have occurred and be continuing. View More