Common use of Certain Trading Restrictions Clause in Contracts

Certain Trading Restrictions. The Purchasers will not enter into any Short Sales (as hereinafter defined) at a price below the Initial Conversion Price (as defined in the Debentures), PROVIDED, that the limitations set forth in this Section shall cease to be in effect on the date that an Underlying Shares Registration Statement is first declared effective by the Commission or if, by the Effectiveness Date, the Underlying Shares Registration Statement has not been declared effective by the Commission and, thereafter, shall resume on the date, if any, the Underlying Shares Registration Statement is declared effective by the Commission. For purposes of this Section, a "Short Sale" by a Purchaser shall mean a sale of Common Stock by such Purchaser that is marked as a short sale and that is made at a time when there is no equivalent offsetting long position in Common Stock held by such Purchaser. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by a Purchaser, Underlying Shares that have not yet been issued but for which the Company has received a Conversion Notice (with respect to Debentures) or Form of Election to Purchase (with respect to Warrants), as the case may be, shall be deemed held long by a Purchaser.