Stock Exchange Listing. The Common Stock are registered under the Exchange Act and is or will as of the Closing Date be listed on the NASDAQ, and the Company has taken no action designed to, or likely to have the effect of terminating the registration of the Shares under the Exchange Act or delisting or suspending from trading the Shares from NASDAQ, nor has the Company received any information suggesting that the Commission or NASDAQ is contemplating terminating such registration or listing.

The Common Stock of Buyer is registered under Section 12(b) of the Exchange Act and is listed on the NYSE, and Buyer has not received any written notification that the Commission is contemplating terminating such registration or listing. Buyer has not, in the twelve (12) months preceding the Execution Date, received written notice from the NYSE or any other stock market or exchange to the effect that Buyer is not in compliance with the listing or maintenance requirements of such market or exchange (or any other notice of delisting), Buyer has not taken (and, to Buyer’s Knowledge, no Person has taken) any action designed to, or which to Buyer’s Knowledge, is likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act.

Stock Exchange Listing. The REIT shall fail to have at least one class of its common Equity Interests listed on the New York Stock Exchange or The NASDAQ Stock Market.

Stock Exchange Listing. The Common Stock (including the Shares) is registered under the Exchange Act and is listed on the NASDAQ Capital Market (“NASDAQ”), and the Company has taken no action designed to, or likely to have the effect of terminating the registration of the Common Stock under the Exchange Act or delisting or suspending from trading the Common Stock from NASDAQ, nor has the Company received any information suggesting that the NASDAQ is contemplating terminating or suspending such registration or listing.

Exchange Listing. As of the date hereof, the Shares have been approved for listing on the Nasdaq Global Market, subject to official notice of issuance. Except as described in the Registration Statement, the Time of Sale Information and the Prospectus, the Company has not # taken, directly or indirectly, any action designed to, or that could reasonably be expected to have the effect of, terminating the registration of the Shares under the Exchange Act or the quotation of the Shares on the Nasdaq Global Market, except in connection with a transfer of the listing of the Common Stock to the Nasdaq Capital Market; or # received any notification that the Commission or the Nasdaq Global Market is contemplating terminating such registration or quotation.

Exchange Listing, Existence. The Borrower shall make such filings, registrations or qualifications and take all other necessary action and will use its best efforts to obtain such consents, approvals and authorizations, if any, and satisfy all conditions that any stock exchange or the OTCBB (as defined below) may impose on the listing of the Common Stock and shall use its best efforts to obtain and maintain such listing continuously thereafter for so long as all or any of the principal amount of the Note remains outstanding. The Borrower shall maintain and preserve, and cause each of its Subsidiaries to maintain and preserve, its existence, rights and privileges, and become or remain, and cause each of its Subsidiaries to become or remain, duly qualified and in good standing in each jurisdiction in which the character of the properties owned or leased by it or in which the transaction of its business makes such qualification necessary.

The Common Stock of Buyer is registered under Section 12(b) of the Exchange Act and is listed on the NYSE, and Buyer has not received any written notification that the Commission is contemplating terminating such registration or listing. Buyer has not, in the twelve (12) months preceding the Execution Date, received written notice from the NYSE or any other stock market or exchange to the effect that Buyer is not in compliance with the listing or maintenance requirements of such market or exchange (or any other notice of delisting), Buyer has not taken (and, to Buyer’s Knowledge, no Person has taken) any action designed to, or which to Buyer’s Knowledge, is likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act.

Exchange Listing. In the case of the Parent Guarantor, at all times # cause its common shares to be duly listed on the New York Stock Exchange, theNYSE American Stock Exchange or NASDAQ and # timely file all reports required to be filed by it in connection therewith.

Exchange Listing. [[Concentrix:Organization]] shall prepare and file, and shall use its reasonable best efforts to have approved, an application for the listing of the [[Concentrix:Organization]] Shares to be distributed in the Distribution on the Nasdaq Global Select Market, subject to official notice of distribution.

Exchange Listing. In the case of the Parent Guarantor, at all times # cause its common shares to be duly listed on the New York Stock Exchange, NYSE American or NASDAQ and # timely file all reports required to be filed by it in connection therewith.