Common use of Certain Trading Restrictions Clause in Contracts

Certain Trading Restrictions. The Buyer agrees that, during the period from the date the Registration Statement is first declared effective by the SEC to the date of the conversion in full or redemption of all Preferred Shares owned by the Buyer, the Buyer shall not engage in short sales or other hedging transactions relating to the Common Stock, except that the Buyer may enter into such transactions involving a number of shares of Common Stock not to exceed the number of shares for which a Conversion Notice (as defined in Section 5(b) herein) has been submitted to the Company and the Transfer Agent (as defined in Section 5(a) herein). The Buyer further agrees that, from the Closing Date until the date the Registration Statement is first declared effective by the SEC, it will not sell or contract to sell any equity security of the Company, except that during such period and at any time thereafter (in addition to the transactions permitted by the preceding sentence) it may engage in short sales or other hedging transactions relating to up to one-half of the Warrant Shares or Warrants exercisable for up to one-half of the Warrant Shares, provided that such transactions may only be effected at or above the last reported sale price of the Common Stock in accordance with Rule 10a-1 under the 1934 Act.