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, neither the Purchaser nor any of its affiliates nor any entity managed by the Purchaser will ever sell any securities of the Company (including, without limitation, any grant of 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) other than what the Purchaser has accumulated to purchase under the terms of this Agreement or in any accounts directly or indirectly managed by the Purchaser or any affiliate of the Purchaser or any entity managed by 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.