Common use of Selling Restriction Clause in Contracts

Selling Restriction. The Purchaser has the right to sell that number of Shares equal in number to the number of Shares to be purchased pursuant to this Agreement during the Investment Period. The Purchaser covenants, however, that prior to and during the Investment Period and for a period of three (3) months after any termination of this Agreement in accordance with Article VII hereof, neither the Purchaser nor any of its affiliates nor any entity managed by the Purchaser will ever be in a short position with respect to shares of Common Stock of the Company in any account directly or indirectly managed by the Purchaser, or any affiliates of the Purchaser, or any entity managed by the Purchaser. In addition, prior to and during the Investment Period and for a period of three (3) months after any termination of this Agreement in accordance with Article VII hereof, neither the Purchaser nor any of its affiliates nor any entity managed by the Purchaser will sell any shares of Common Stock, except that during the Investment Period the Purchaser shall have the right to sell those Shares that the Purchaser has purchased or has accumulated for purchase during each Trading Day of a Draw Down Pricing Period pursuant to the terms and conditions described in this Agreement. Neither the Purchaser nor any of its affiliates nor any entity managed by the Purchaser will grant any option to purchase or acquire any right to dispose or otherwise dispose for value, any shares of Common Stock or any securities convertible into, or exchangeable for, or warrants to purchase any shares of Common Stock or any swap, short sale, hedge or other agreement that transfers, in whole or in part, the economic risk of ownership of the Common Stock. In addition, on a daily Trading Day basis, the Purchaser agrees to restrict the volume of sales of Shares by the Purchaser, its affiliates and any entity managed by the Purchaser to no more than thirty percent (30%) of the total trading volume of the Common Stock, as reported on Bloomberg Financial LP using the HP function, for such Trading Day.

Selling Restriction. The Purchaser has the right to sell that number shares of Shares equal in number to the number of Shares to be purchased pursuant to this Agreement Stock during the Investment Period, subject to compliance with this Section 4.7. The Purchaser covenants, however, covenants that prior to and during the term of the Investment Period and for a period of three (3) months after any termination of this Agreement in accordance with Article VII hereofPeriod, neither the Purchaser nor any affiliates of its affiliates the Purchaser nor any entity managed by the Purchaser or its affiliates will ever be in a short position with respect to sell shares of the Company's Common Stock other than shares of Common Stock that the Purchaser (or the respective affiliate or managed entity) owns in a long position at the time of the Company in any account directly or indirectly managed by the Purchasersale, or any affiliates of the Purchaser, or any entity managed by the Purchaser. In addition, prior to and during the Investment Period and for a period of three (3) months after any termination of this Agreement in accordance with Article VII hereof, neither if the Purchaser nor any of its affiliates nor any entity managed by the Purchaser will sell any has sold all shares of Common StockStock that Purchaser (or the respective affiliate or managed entity) owns in a long position, except that during the Investment Period the then Purchaser shall have the right to sell any shares that the Purchaser is deemed to own in a long position. For purposes of this Section, the Purchaser (or the respective affiliate or managed entity) shall be deemed to own in a long position only those Shares that the Purchaser has purchased or has accumulated is obligated to purchase under a pending Draw Down Notice, determined as of the proposed sale date for such Shares based upon the number of Shares that Purchaser would be obligated to purchase during pursuant to Section 6.1 of this Agreement for each Trading Day of a in the applicable Draw Down Pricing Period pursuant that has occurred prior to, but exclusive of the proposed sale date. Except for the sale of Shares deemed to be owned in a long position, Purchaser shall not enter into a short position with respect to the terms and conditions described Common Stock in this Agreement. Neither the any account owned by Purchaser, any affiliate of Purchaser nor any of its affiliates nor or any entity managed by the Purchaser will grant any option to purchase or acquire any right to dispose or otherwise dispose for value, any shares of Common Stock or any securities convertible into, or exchangeable for, or warrants to purchase any shares of Common Stock or any swap, short sale, hedge or other agreement that transfers, in whole or in part, the economic risk of ownership of the Common Stockits affiliate. In addition, on On a daily Trading Day basis, the Purchaser agrees to restrict the volume of sales of Shares by the Purchaser, its affiliates and any entity managed by the Purchaser to no more than thirty twenty five percent (3025%) of the total trading volume of the Common Stock, as reported on Bloomberg Financial LP using the HP function, for such Trading Day. The Purchaser further covenants that prior to and during the term of the Investment Period, the Purchaser, all of its affiliates and every entity managed by the Purchaser or its affiliates shall not enter into any block transactions in Common Stock (including block transactions involving options) to purchase or acquire rights to dispose of, and securities convertible into, or exchangeable for, or warrants to purchase, shares of Common Stock). The Purchaser further covenants that prior to and during the term of the Investment Period, the Purchaser, all of its affiliates and every entity managed by the Purchaser or its affiliates shall not engage in any derivative transaction in respect of the Common Stock, including without limitation, any grant of any option or warrants to purchase or to dispose of for value any shares of Common Stock, or any securities convertible into, or exchangeable for any shares of Common Stock , or any swap, futures contract or other derivative agreement that transfers, in whole or in part, the economic risk of ownership of Common Stock or the trading in any options, futures contracts or other derivative instruments in respect of the Common Stock or any securities convertible into or exchangeable for any shares of Common Stock, in each case whether settled in securities or in cash.

Selling Restriction. The Purchaser has the right to sell that ------------------- number of Shares equal in number to the number of Shares to be purchased pursuant to this Agreement during the Investment Period. The Purchaser covenants, however, that prior to and during the Investment Period and for a period of three (3) months after any termination of this Agreement in accordance with Article VII hereof, neither the Purchaser nor any of its affiliates nor any entity managed by the Purchaser will ever be in a short position with respect to shares of Common Stock sell any securities of the Company in (including, without limitation, any account directly or indirectly managed by the Purchaser, or any affiliates grant of the Purchaser, or any entity managed by the Purchaser. In addition, prior to and during the Investment Period and for a period of three (3) months after any termination of this Agreement in accordance with Article VII hereof, neither the Purchaser nor any of its affiliates nor any entity managed by the Purchaser will sell any shares of Common Stock, except that during the Investment Period the Purchaser shall have the right to sell those Shares that the Purchaser has purchased or has accumulated for purchase during each Trading Day of a Draw Down Pricing Period pursuant to the terms and conditions described in this Agreement. Neither the Purchaser nor any of its affiliates nor any entity managed by the Purchaser will grant any option to purchase or acquire any right to dispose or otherwise dispose for value, any shares of Common Stock or any securities convertible into, or exchangeable for, or warrants to purchase any shares of Common Stock or any swap, short sale, hedge or other agreement that transfers, in whole or in part, the economic risk of ownership of the Common Stock) or be in a short position with respect to shares of Common Stock of the Company in any account directly or indirectly managed by the Purchaser, or any affiliates of the Purchaser, or any entity managed by the Purchaser, except that during the Investment Period the Purchaser shall have the right to sell those Shares that the Purchaser has purchased or has accumulated for purchase during each Trading Day of a Draw Down Pricing Period pursuant to the terms and conditions described in this Agreement or any other similar agreement between the Company and the Purchaser. In addition, on a daily Trading Day basis, the Purchaser agrees to restrict the volume of sales of Shares by the Purchaser, its affiliates and any entity managed by the Purchaser to no more than thirty percent (30%) of the total trading volume of the Common Stock, as reported on Bloomberg Financial LP using the HP function, for such Trading Day.