Common use of ACKNOWLEDGEMENTS OF THE PARTIES Clause in Contracts

ACKNOWLEDGEMENTS OF THE PARTIES. Notwithstanding anything in this Agreement to the contrary, the parties hereto hereby acknowledge and agree to the following: (A) subject to Section 3(c) hereof, the Investor makes no representations or covenants that it will not engage in trading in the securities of the Company, other than the Investor will not sell any of the Company's common stock at any time during a Pricing Period; (B) the Company shall, by 8:30 a.m. Boston Time on the fourth Trading Day following the date hereof, file a current report on Form 8-K disclosing the material terms of the transactions contemplated hereby and in the other Equity Line Transaction Documents; (C) the Company has not and shall not provide material non-public information to the Investor unless prior thereto the Investor shall have executed a written agreement regarding the confidentiality and use of such information; and (D) the Company understands and confirms that the Investor will be relying on the acknowledgements set forth in clauses (A) through (C) above if the Investor effects any transactions in the securities of the Company.

ACKNOWLEDGEMENTS OF THE PARTIES. Notwithstanding anything in this Agreement to the contrary, the parties hereto hereby acknowledge and agree to the following: (Ai) subject to Section 3(c) hereof, the Investor makes no representations or covenants that it will not engage in trading in the securities of the Company, other than the Investor will not sell engage in any Short Sales of the Company's common stock ’s securities at any time during a Pricing Periodthis Agreement; (Bii) the Company shall, by 8:30 9:30 a.m. Boston Time EST on the fourth Trading Day following the date hereof, file a current report on Form 8-K disclosing the material terms of the transactions contemplated hereby and in the other Equity Line Transaction Documents; (Ciii) except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company has not and shall not provide material non-public information to the Investor unless prior thereto the Investor shall have executed a written agreement regarding the confidentiality and use of such information; and (Div) the Company understands and confirms that the Investor will be relying on the acknowledgements set forth in clauses (Ai) through (Ciii) above if the Investor effects any transactions in the securities of the Company (other than any Short Sales of the Company’s securities).

ACKNOWLEDGEMENTS OF THE PARTIES. Notwithstanding anything in this Agreement to the contrary, the parties hereto hereby acknowledge and agree to the following: (A) subject to Section 3(c) hereof, the Investor makes no representations or covenants that it will not engage in trading in the securities of the Company, other than the Investor will not sell any of the Company's common stock at any time during a Pricing Period; (B) the Company shall, by 8:30 a.m. Boston Time on the fourth Trading Day following the date hereof, file a current report on Form 8-K disclosing the material terms of the transactions contemplated hereby and in the other Equity Line Transaction Documents; (C) the Company has not and shall not provide material non-public information to the Investor unless prior thereto the Investor shall have executed a written agreement regarding the confidentiality and use of such information; and (D) the Company understands and confirms that the Investor will be relying on the acknowledgements set forth in clauses (A) through (C) above if the Investor effects any transactions in the securities of the Company.

ACKNOWLEDGEMENTS OF THE PARTIES. Notwithstanding anything in this Agreement to the contrary, the parties hereto hereby acknowledge and agree to the following: (AI) subject to Section 3(c) hereof, the Investor makes no representations or covenants that it will not engage in trading in the securities of the Company, other than the Investor will not sell any of short the Company's ’s common stock at any time during a Pricing Periodthis Agreement and will comply with all applicable laws, regulations and rules; (BII) the Company shall, by 8:30 a.m. Boston Time on the fourth Trading Day business day following the date hereof, file a current report on Form 8-K disclosing the material terms of the transactions contemplated hereby and in the other Equity Line Transaction Documents; (CIII) the Company has not and shall not provide material non-public information to the Investor unless prior thereto the Investor shall have executed a written agreement regarding the confidentiality and use of such information; and (DIV) the Company understands and confirms that the Investor will be relying on the acknowledgements set forth in clauses (AI) through (CIII) above if the Investor effects any transactions in the securities of the Company.

ACKNOWLEDGEMENTS OF THE PARTIES. Notwithstanding anything in this Agreement to the contrary, the parties hereto hereby acknowledge and agree to the following: (Ai) subject to Section 3(c) hereof, the Investor makes no representations or covenants that it will not engage in trading in the securities of the Company, other than the as provided in Section 3.12 of this Agreement, (ii) Investor agrees that it will not sell any of short the Company's ’s common stock at any time during a Pricing Periodthis Agreement; (Biii) the Company shall, by 8:30 a.m. Boston Time EST on the fourth second Trading Day following the date hereof, file a current report on Form 8-K disclosing the material terms of the transactions contemplated hereby and in the other Equity Line Registered Offering Transaction Documents; (Civ) the Company has not and shall not provide material non-public information to the Investor unless prior thereto the Investor shall have executed a written agreement regarding the confidentiality and use of such information; and (Dv) the Company understands and confirms that the Investor will be relying on the acknowledgements set forth in clauses (Ai) through (Civ) above if the Investor effects any transactions in the securities of the Company.

ACKNOWLEDGEMENTS OF THE PARTIES. Notwithstanding anything in this Agreement to the contrary, the parties hereto hereby acknowledge and agree to the following: (Ai) subject to Section 3(c) hereof, the Investor makes no representations or covenants that it will not engage in trading in the securities of the Company, other than the Investor will not sell any of short or engage in hedging transactions with regard to, the Company's common stock Common Stock at any time during a Pricing Periodthis Agreement; (Bii) the Company shall, by 8:30 a.m. Boston Time EST on the fourth Trading Day following the date hereof, file a current report on Form From 8-K disclosing the material terms of the transactions contemplated hereby and in the other Equity Line Transaction DocumentsFinancing Agreements; (Ciii) the Company has not and shall not provide material non-public information to the Investor unless prior thereto the Investor shall have executed a written agreement regarding the confidentiality and use of such information; and (Div) the Company understands and confirms that the Investor will be relying on the acknowledgements set forth in clauses (Ai) through (Ciii) above if the Investor effects any transactions in the securities of the Company.

ACKNOWLEDGEMENTS OF THE PARTIES. Notwithstanding anything in this Agreement to the contrary, the parties hereto hereby acknowledge and agree to the following: : (Ai) subject to Section 3(c) hereof, the Investor makes no representations or covenants that it will not engage in trading in the securities of the Company, other than the Investor will not sell engage in any “short sale” (as defined in Rule 200 of Regulation SHO) of the Company's common stock at any time during a Pricing Period; this Agreement or any time beginning one year before the Investor's acquisition of any shares in the Company until one year after the Investor has disposed of or otherwise transferred all shares it acquires in the Company; (Bii) the Company shall, by 8:30 a.m. Boston Eastern US Time on the fourth Trading Day trading day following the date hereof, file a current report on Form 8-K disclosing the material terms of the transactions contemplated hereby and in the other Equity Line Transaction Documents; ; (Ciii) the Company has not and shall not provide material non-public information to the Investor unless prior thereto the Investor shall have executed a written agreement regarding the confidentiality and use of such information; and and (Div) the Company understands and confirms that the Investor will be relying on the acknowledgements set forth in clauses (Ai) through (Ciii) above if the Investor effects any transactions in the securities of the Company.