Common use of Acknowledgment Regarding Buyer’s Trading Activity Clause in Contracts

Acknowledgment Regarding Buyer’s Trading Activity. Rexahn acknowledges and agrees that, except as set forth in the Leak-Out Agreements, (i) none of the Buyers has been asked to agree, nor has any Buyer agreed, to desist from purchasing or selling, long and/or short, securities of Rexahn, or "derivative" securities based on securities issued by Rexahn or to hold the Securities for any specified term; (ii) 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 Rexahn Common Stock and (iii) each Buyer shall not be deemed to have any affiliation with or control over any arm's length counter-party in any "derivative" transaction. Rexahn further understands and acknowledges that (a) 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 Warrant Shares are being determined and (b) such hedging and/or trading activities, if any, can reduce the value of the existing stockholders' equity interest in Rexahn both at and after the time the hedging and/or trading activities are being conducted. Rexahn acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement, the Warrants or any of the documents executed in connection herewith.

Acknowledgment Regarding Buyer’s Trading Activity. Rexahn BioPharmX acknowledges and agrees that, except as set forth in the Leak-Out Agreements, (i) none of the Buyers has been asked to agree, nor has any Buyer agreed, to desist from purchasing or selling, long and/or short, securities of RexahnBioPharmX, or "“derivative" ” securities based on securities issued by Rexahn BioPharmX or to hold the Securities for any specified term; (ii) 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 Rexahn BioPharmX Common Stock and (iii) each Buyer shall not be deemed to have any affiliation with or control over any arm's ’s length counter-party in any "“derivative" ” transaction. Rexahn BioPharmX further understands and acknowledges that (a) 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 Warrant Shares are being determined and (b) such hedging and/or trading activities, if any, can reduce the value of the existing stockholders' ’ equity interest in Rexahn BioPharmX both at and after the time the hedging and/or trading activities are being conducted. Rexahn BioPharmX acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement, the Warrants or any of the documents executed in connection herewith.

Acknowledgment Regarding Buyer’s Trading Activity. Rexahn Chanticleer acknowledges and agrees that, except as set forth in the Leak-Out Agreements,, (i) none of the Buyers has been asked to agree, nor has any Buyer agreed, to desist from purchasing or selling, long and/or short, securities of RexahnChanticleer, or "“derivative" ” securities based on securities issued by Rexahn Chanticleer or to hold the Securities for any specified term; (ii) 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 Rexahn Chanticleer Common Stock and (iii) each Buyer shall not be deemed to have any affiliation with or control over any arm's ’s length counter-party in any "“derivative" ” transaction. Rexahn Chanticleer further understands and acknowledges that (a) 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 Warrant Shares are being determined and (b) such hedging and/or trading activities, if any, can reduce the value of the existing stockholders' ’ equity interest in Rexahn Chanticleer both at and after the time the hedging and/or trading activities are being conducted. Rexahn Chanticleer acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement, the Warrants or any of the documents executed in connection herewith.

Acknowledgment Regarding Buyer’s Trading Activity. Rexahn acknowledges and agrees that, except as set forth in the Leak-Out Agreements, (i) none of the Buyers has been asked to agree, nor has any Buyer agreed, to desist from purchasing or selling, long and/or short, securities of Rexahn, or "“derivative" ” securities based on securities issued by Rexahn or to hold the Securities for any specified term; (ii) 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 Rexahn Common Stock and (iii) each Buyer shall not be deemed to have any affiliation with or control over any arm's ’s length counter-party in any "“derivative" ” transaction. Rexahn further understands and acknowledges that (a) 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 Warrant Shares are being determined and (b) such hedging and/or trading activities, if any, can reduce the value of the existing stockholders' ’ equity interest in Rexahn both at and after the time the hedging and/or trading activities are being conducted. Rexahn acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement, the Warrants or any of the documents executed in connection herewith.