Common use of SECTION 9 OF THE 1934 ACT Clause in Contracts

SECTION 9 OF THE 1934 ACT. During the term of this Agreement, the Investor will comply with the provisions of Section 9 of the 1934 Act, and the rules promulgated thereunder, with respect to transactions involving the Common Stock. During the term of this Agreement, including without limitation any time after the “Effective Date,” the Investor, and its control persons, affiliates, principals and advisors, and any other person or entity acting by, through or in conjunction with any of them, shall not conduct or participate in any short selling or hedging of the Company’s common stock that is the subject of this Agreement or the Registration Rights Agreement.