Common use of Certain Trading Restrictions Clause in Contracts

Certain Trading Restrictions. Purchaser will not, nor will it permit any of its Affiliates (as such term is used in Rule 12b-2 of the Securities Exchange Act of 1934 (the "Exchange Act"), such term to have such definition as used throughout this Agreement) to, during the 30 consecutive Trading Days prior to the date of any determination of Current Per Share Market Price hereunder, (a) acquire any Voting Securities (as defined in Section 7.01), (b) offer, pledge, sell, contract to sell, sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, or otherwise transfer or dispose of, directly or indirectly, any Voting Securities or (c) enter into any swap or similar agreement that transfers, in whole or in part, the economic risk of ownership of Voting Securities, whether any such transaction described in clause (a), (b) or (c) above is to be settled by delivery of Voting Securities or such other securities, in cash or otherwise.

Appears in 2 contracts

Sources: Common Stock Purchase Agreement (Cv Therapeutics Inc), Common Stock Purchase Agreement (Cv Therapeutics Inc)