Common use of Acknowledgement Regarding Purchaser’s Trading Activity Clause in Contracts

Acknowledgement Regarding Purchaser’s Trading Activity. Notwithstanding anything in this Agreement or elsewhere to the contrary (except for Sections 3.2(f) and 4.12 hereof), it is understood and acknowledged by the Company that: (i) no Purchaser has been asked by the Company to agree, nor has any Purchaser agreed, to desist from purchasing or selling, long, securities of the Company or to hold the Securities for any specified term and (ii) no Purchaser shall 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 (y) subject to compliance with applicable securities laws, any Purchaser may engage in hedging activities at various times during the period that the Securities are outstanding, including, without limitation, during the periods that the value of the Shares or Warrant Shares deliverable with respect to Securities are being determined, and (z) such hedging activities (if any) could reduce the value of the existing stockholders' equity interests in the Company at and after the time that the hedging activities are being conducted. The Company acknowledges that such aforementioned hedging activities do not constitute a breach of any of the Transaction Documents except as provided in Section 3.2(f) of this Agreement.

Acknowledgement Regarding Purchaser’s Trading Activity. Notwithstanding anything in this Agreement or elsewhere Subject to the contrary (except for Sections 3.2(f) and 4.12 hereofPurchaser’s representations in Section 3.2(h), it is understood and acknowledged by the Company that: acknowledges and agrees that (i) no that the Purchaser has not been asked by the Company to agree, nor has any the Purchaser agreed, to desist from purchasing or selling, longlong 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 term; and (ii) no that the Purchaser shall not be deemed to have any affiliation with or control over any arm's ’s length counter-party in any "“derivative" ” transaction. The Company further understands and acknowledges that (ya) subject to compliance with applicable securities laws, any the Purchaser may engage in hedging activities at various times during the period that the Securities are outstanding, including, without limitation, during the periods that the value of the Shares or Warrant Underlying Shares deliverable with respect to Securities are being determined, determined and (zb) such hedging activities (if any) could reduce the value of the existing stockholders' ’ equity interests in the Company at and after the time that the hedging activities are being conducted. The Company acknowledges that such aforementioned hedging activities do not constitute a breach of any of the Transaction Documents except as provided in Section 3.2(f) of this AgreementDocuments.

Acknowledgement Regarding Purchaser’s Trading Activity. Notwithstanding anything in this Agreement or elsewhere to the contrary (except for Sections 3.2(f) and 4.12 hereof), it is understood and acknowledged by the Company that: (i) no Purchaser has not been asked by the Company to agree, nor has any Purchaser agreed, to desist from purchasing or selling, long, securities of the Company or to hold the Securities for any specified term and (ii) no Purchaser shall be deemed to have any affiliation with or control over any arm's ’s length counter-party in any "“derivative" ” transaction. The Company further understands and acknowledges that (y) subject to compliance with applicable securities laws, any Purchaser may engage in hedging activities at various times during the period that the Securities are outstanding, including, without limitation, during the periods that the value of the Shares or Warrant Shares deliverable with respect to Securities are being determined, and (z) such hedging activities (if any) could reduce the value of the existing stockholders' ’ equity interests in the Company at and after the time that the hedging activities are being conducted. The Company acknowledges that such aforementioned hedging activities do not constitute a breach of any of the Transaction Documents except as provided in Section 3.2(f) of this Agreement.