Common use of Certain Trading Restrictions Clause in Contracts

Certain Trading Restrictions. Purchaser agrees that, as long as it holds any shares of Preferred Stock, it shall not enter into any Short Sales (as defined herein). For purposes of this Section 5.11, a "SHORT SALE" shall mean a sale of Common Stock by Purchaser that would be required to be marked as a "short sale" by the broker executing the sale pursuant to the provisions of Rules 10a-1(c) and 10a-1(d)(1) under the Exchange Act if such rules applied to the sale (whether or not they in fact apply to the sale), and that is made at a time when immediately after the sale, and giving effect to all other sales by the Purchaser, there would be no equivalent offsetting long position in Common Stock held by Purchaser. For the purpose of determining under this Section 5.11 whether there is an equivalent offsetting long position in Common Stock held by Purchaser, only those Conversion Shares that are (i) issuable upon conversion of the Preferred Stock for which a conversion notice has been delivered by Purchaser on or prior to a trading day or (ii) issuable as a result of the delivery by the Company of a Repayment Election Notice, as defined in the Certificate of Vote of Directors, shall be deemed to be held long by Purchaser on such trading day.

Certain Trading Restrictions. Purchaser agrees that, as long as it holds any shares of Preferred Stock, neither it nor any of its Affiliates shall not enter into any Short Sales (as defined herein). For purposes of this Section 5.11, a "SHORT SALE" shall mean a sale of Common Stock by Purchaser that would be required to be marked as a "short sale" by the broker executing the sale pursuant to the provisions of Rules 10a-1(c) and 10a-1(d)(1) under the Exchange Act if such rules applied to the sale (whether or not they in fact apply to the sale), and that is made at a time when immediately after the sale, and giving effect to all other sales by the Purchaser, there would be no equivalent offsetting long position in Common Stock held by Purchaser. For the purpose of determining under this Section 5.11 whether there is an equivalent offsetting long position in Common Stock held by Purchaser, only those Conversion Shares that are (i) issuable upon conversion of the Preferred Stock for which a conversion notice has been delivered by Purchaser on or prior to a trading day or (ii) issuable as a result of the delivery by the Company of a Repayment Election Notice, as defined in the Certificate of Vote of Directors, shall be deemed to be held long by Purchaser on such trading day.

Certain Trading Restrictions. Purchaser agrees that, as long as it holds any shares of Preferred Stock, neither it nor any of its Affiliates shall not enter into any Short Sales (as defined herein). For purposes of this Section 5.11, a "SHORT SALE" “Short Sale” shall mean a sale of Common Stock by Purchaser that would be required to be marked as a "“short sale" ” by the broker executing the sale pursuant to the provisions of Rules 10a-1(c) and 10a-1(d)(1) under the Exchange Act if such rules applied to the sale (whether or not they in fact apply to the sale), and that is made at a time when immediately after the sale, and giving effect to all other sales by the Purchaser, there would be no equivalent offsetting long position in Common Stock held by Purchaser. For the purpose of determining under this Section 5.11 whether there is an equivalent offsetting long position in Common Stock held by Purchaser, only those Conversion Shares that are (i) issuable upon conversion of the Preferred Stock for which a conversion notice has been delivered by Purchaser on or prior to a trading day or (ii) issuable as a result of the delivery by the Company of a Repayment Election Notice, as defined in the Certificate of Vote of Directors, shall be deemed to be held long by Purchaser on such trading day.