Common use of Short Positions Clause in Contracts

Short Positions. The Lender covenants and agrees that, so long as the Lender owns any Securities of the Borrower, such Borrower, shall not maintain a net short position in the Common Stock (as determined under Regulation SHO under the Exchange Act (“Regulation SHO”) taking into account all positions of the Lender whether or not the Lender otherwise would constitute an independent trading unit under Regulation SHO).