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

Acknowledgement Regarding Buyers’ Trading Activity. It is understood and acknowledged by the Company (a) (i) that the Buyer has not been asked by the Company or its Subsidiaries to agree, nor has the 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; and (ii) that the 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 the Buyer may engage in hedging and/or trading activities at various times during the period that the Securities are outstanding and (b) such hedging and/or trading activities, if any, can reduce the value of the existing stockholders’ equity interest in the Company both at and after the time the hedging and/or trading activities are being conducted. The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of any of the Transaction Documents.

Acknowledgement Regarding Buyers’ Trading Activity. It is understood The Company acknowledges and acknowledged by the Company (a) agrees that (i) that none of the Buyer Buyers has not been asked by the Company or its Subsidiaries to agree, nor has the 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; and (ii) that past or future open market or other transactions by any Buyer, before or after the Buyer shall not be deemed to have any affiliation with closing of the transactions contemplated by this Agreement or control over any arm’s length counter party in any “derivative” transaction. future transactions, may negatively impact the market price of the Company's publicly-traded securities; The Company further understands and acknowledges that the Buyer (a) one or more Buyers may engage in hedging and/or trading activities at various times during the period periods that the Securities are outstanding outstanding, including, without limitation, during the period that the value of the Conversion Shares deliverable with respect to Securities are being determined and (b) such hedging and/or trading activities, activities (if any, can ) could reduce the value of the existing stockholders’ shareholders' equity interest interests in the Company both at and after the time that the hedging and/or trading activities are being conducted. The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement, the Certificate of Designations, or any of the Transaction Documentsdocuments executed in connection herewith.

Acknowledgement Regarding Buyers’ Trading Activity. It is understood and acknowledged by the Company (a) (i) that none of the Buyer Buyers or holders of the Securities has not been asked by the Company or its Subsidiaries to agree, nor has the 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; and (ii) that the no Buyer or holder of Securities shall not be deemed to have any affiliation with or control over any arm’s length counter party counterparty in any “derivative” transaction. The Company further understands and acknowledges that the Buyer (i) one or more Buyers or holders of Securities may engage in hedging and/or trading activities at various times during the period that the Securities are outstanding outstanding, and (bii) such hedging and/or trading activities, if any, can reduce the value of the existing stockholders’ equity interest in the Company both at and after the time the hedging and/or trading activities are being conducted. The Company acknowledges that any such aforementioned hedging and/or trading activities do not constitute a breach of any Transaction Document or affect the rights of the any Buyer or holder of Securities under any Transaction DocumentsDocument.