And finally, the general statement regarding NASDAQ listing:
Compliance With Nasdaq National Market Listing Requirements. The trading of the Company's Common Stock on the Nasdaq National Market is conditioned upon the Company's meeting certain quantitative criteria related to the market price of the Company's Common Stock, net tangible assets, market capitalization and certain other quantitative and non-quantitative requirements established by such stock market. To maintain eligibility for trading on the Nasdaq National Market, among other requirements, the Company is required to have net tangible assets in excess of $4,000,000 and maintain a bid price of $1 per share, or to have a market capitalization of $50,000,000 and a minimum bid price of $5 per share. The Company's failure to meet such requirements could result in the delisting of the Common Stock from trading on the Nasdaq National Market. Trading, if any, in the Common Stock, would thereafter likely be conducted on the Nasdaq SmallCap Market. If, however, the Company did not meet the requirements of the Nasdaq SmallCap Market, trading of the Common Stock would be conducted on an electronic bulletin board established for securities that do not meet the Nasdaq listing requirements or in what is commonly referred to as the "pink sheets." Delisting may restrict investors' interest in the Common Stock and materially adversely affect the trading market and prices for the Common Stock and the Company's ability to issue additional securities or to secure additional financing. |