Common use of Short Positions Clause in Contracts

Short Positions. Each Investor covenants and agrees that, so long as such Investor owns any Shares, such Investor and its Affiliates, taken as a whole, shall not maintain a net short position in the Common Stock (assuming exercise of the Warrants) (as determined under Regulation SHO but taking into account all positions of such Investor and its Affiliates whether or not such Investor and its Affiliates otherwise would constitute an independent trading unit under Regulation SHO) (a “Net Short Position”). Each Investor covenants and agrees, severally and not jointly, to provide the Company with written notice within one (1) Business Day of any establishment by it and its Affiliates, taken as a whole, of a Net Short Position.

Short Positions. Each Investor covenants and agrees that, so long as such Investor owns any Shares, such Investor and its Affiliates, taken as a whole, shall not maintain a net short position in the Common Stock (assuming exercise of the Warrants) (as determined under Regulation SHO but under the Exchange Act ("Regulation SHO") taking into account all positions of such Investor and its Affiliates whether or not such Investor and its Affiliates otherwise would constitute an independent trading unit under Regulation SHO) (a “"Net Short Position”"). Each Investor covenants and agrees, severally and not jointly, to provide the Company with written notice within one (1) Business Day of any establishment by it and its Affiliates, taken as a whole, of a Net Short Position.