Marketable Securities

Marketable Securities. Securities meeting all of the following requirements: (i) the issuer thereof is then subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act, and is then current in its filing of all reports and other information required under the Securities Act and the Exchange Act; (ii) the class and series of shares or other securities of the issuer that would be received by the Registered Holder in connection with the Sale Transaction if the Registered Holder exercised this... Warrant on or prior to the closing thereof is then traded or quoted on a nationally recognized securities exchange, inter-dealer quotation system or over-the-counter market, and (iii) following the closing of such Sale Transaction, the Registered Holder would not be restricted from publicly re-selling all of the issuer's shares and/or other securities that would be received by the Registered Holder in such Sale Transaction if the Registered Holder exercised this Warrant in full on or prior to the closing of such Sale Transaction, except to the extent that any such restriction (x) arises solely under federal or state securities laws, rules or regulations or (y) relates to the Registered Holder's status as an affiliate of such issuer View More