Common use of Acknowledgement Regarding Buyers’ Trading Activity Clause in Contracts

Acknowledgement Regarding Buyers’ Trading Activity. It is understood and acknowledged by the Company (i) that, except as set forth in Xxxxxxx 0(x), xxxx of the Buyers have been asked by the Company or its Subsidiaries to agree, nor has any Buyer agreed with the Company or its Subsidiaries, to desist from purchasing or selling, long and/or short, securities of the Company, or “derivative” securities based on securities issued by the Company or to hold the Securities for any specified term; (ii) that any Buyer, and counter parties in “derivative” transactions to which any such Buyer is a party, directly or indirectly, presently may have a “short” position in the Common Stock, and (iii) that each Buyer shall not be deemed to have any affiliation with or control over any arm’s length counter party in any “derivative” transaction. The Company further understands and acknowledges that, except as restricted by the provisions of Section 4(r), one or more Buyers may engage in hedging and/or trading activities at various times during the period that the Securities are outstanding, including, without limitation, during the periods that the value of the Conversion Shares and the Warrant Shares deliverable with respect to Securities are being determined and such hedging and/or trading activities, if any, can reduce the value of the existing Shareholders’ equity interest in the Company both at and after the time the hedging and/or trading activities are being conducted. The Company acknowledges that, except if in violation of Section 4(r), such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement, the Certificate of Designations, the Warrants or any of the documents executed in connection herewith.

Acknowledgement Regarding Buyers’ Trading Activity. It Anything in this Agreement or elsewhere herein to the contrary notwithstanding, it is understood and acknowledged by the Company (i) that, except as set forth in Xxxxxxx 0(x), xxxx that none of the Buyers have been asked by the Company or its Subsidiaries to agree, nor has any Buyer agreed with the Company or its Subsidiariesagreed, to desist from purchasing or selling, long and/or short, securities of the Company, or “derivative” securities based on securities issued by the Company or to hold the Securities for any specified term; (ii) that any Buyer, and counter parties in “derivative” transactions to which any such Buyer is a party, directly or indirectly, presently may have a “short” position in the Common Stock, and (iii) that each Buyer shall not be deemed to have any affiliation with or control over any arm’s length counter counter-party in any “derivative” transaction. The Company further understands and acknowledges that, except as restricted by the provisions of Section 4(r), that one or more Buyers may engage in hedging and/or trading activities at various times during the period that the Securities are outstanding, including, without limitation, during the periods that the value of the Conversion Shares, the Warrant Shares and the Warrant Interest Shares deliverable with respect to Securities are being determined and such hedging and/or trading activities, if any, can reduce the value of the existing Shareholders’ equity interest in the Company both at and after the time the hedging and/or trading activities are being conducted. The Company acknowledges that, except if in violation of Section 4(r), such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement, the Certificate of Designations, the Warrants or any of the documents executed in connection herewithdetermined.

Acknowledgement Regarding Buyers’ Trading Activity. It Anything in this Agreement or elsewhere herein to the contrary notwithstanding, it is understood and acknowledged by the Company (i) that, except as set forth in Xxxxxxx 0(x), xxxx that none of the Buyers have been asked by the Company or its Subsidiaries to agree, nor has any Buyer agreed with the Company or its Subsidiariesagreed, to desist from purchasing or selling, long and/or short, securities of the Company, or “"derivative” " securities based on securities issued by the Company or to hold the Securities for any specified term; (ii) that any Buyer, and counter parties in “"derivative” " transactions to which any such Buyer is a party, directly or indirectly, presently may have a “"short” " position in the Common Stock, and (iii) that each Buyer shall not be deemed to have any affiliation with or control over any arm’s 's length counter counter-party in any “"derivative” " transaction. The Company further understands and acknowledges that, except as restricted by the provisions of Section 4(r), that one or more Buyers may engage in hedging and/or trading activities at various times during the period that the Securities are outstanding, including, without limitation, during the periods that the value of the Conversion Shares, the Warrant Shares and the Warrant Interest Shares deliverable with respect to Securities are being determined and such hedging and/or trading activities, if any, can reduce the value of the existing Shareholders’ equity interest in the Company both at and after the time the hedging and/or trading activities are being conducted. The Company acknowledges that, except if in violation of Section 4(r), such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement, the Certificate of Designations, the Warrants or any of the documents executed in connection herewithdetermined.

Acknowledgement Regarding Buyers’ Trading Activity. It Anything in this Agreement or elsewhere herein to the contrary notwithstanding, except as expressly provided in Section 2(k), it is understood and acknowledged by the Company (i) that, except as set forth in Xxxxxxx 0(x), xxxx that none of the Buyers have been asked by the Company or its Subsidiaries to agree, nor has any Buyer agreed with the Company or its Subsidiariesagreed, to desist from purchasing or selling, long and/or short, securities of the Company, or “"derivative” " securities based on securities issued by the Company or to hold the Securities for any specified term; (ii) that any Buyer, and counter parties in “"derivative” " transactions to which any such Buyer is a party, directly or indirectly, presently may have a “"short” " position in the Common Stock, and (iii) that each Buyer shall not be deemed to have any affiliation with or control over any arm’s 's length counter counter-party in any “"derivative” " transaction. The Company further understands and acknowledges that, except as restricted by the provisions of expressly provided in Section 4(r2(k), one or more Buyers may engage in hedging and/or trading activities at various times during the period that the Securities are outstanding, including, without limitation, during the periods that the value of the Conversion Shares and the Warrant Shares deliverable with respect to Securities are being determined and such hedging and/or trading activities, if any, can reduce the value of the existing Shareholders’ equity interest in the Company both at and after the time the hedging and/or trading activities are being conducted. The Company acknowledges that, except if in violation of Section 4(r), such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement, the Certificate of Designations, the Warrants or any of the documents executed in connection herewithdetermined.

Acknowledgement Regarding Buyers’ Trading Activity. It Anything in this Agreement or elsewhere herein to the contrary notwithstanding, it is understood and acknowledged by the Company (i) that, except as set forth in Xxxxxxx 0(x), xxxx that none of the Buyers have been asked by the Company or its Subsidiaries to agree, nor has any Buyer agreed with the Company or its Subsidiariesagreed, to desist from purchasing or selling, long and/or short, securities of the Company, or “"derivative” " securities based on securities issued by the Company or to hold the Securities for any specified term; (ii) that any Buyer, and counter parties in “"derivative” " transactions to which any such Buyer is a party, directly or indirectly, presently may have a “"short” " position in the Common Stock, and (iii) that each Buyer shall not be deemed to have any affiliation with or control over any arm’s 's length counter counter-party in any “"derivative” " transaction. The Company further understands and acknowledges that, except as restricted by the provisions of Section 4(r), that one or more Buyers may engage in hedging and/or trading activities at various times during the period that the Securities are outstanding, including, without limitation, during the periods that the value of the Conversion Shares, the Warrant Shares and the Warrant Dividend Shares deliverable with respect to Securities are being determined and such hedging and/or trading activities, if any, can reduce the value of the existing Shareholders’ equity interest in the Company both at and after the time the hedging and/or trading activities are being conducted. The Company acknowledges that, except if in violation of Section 4(r), such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement, the Certificate of Designations, the Warrants or any of the documents executed in connection herewithdetermined.