Common use of Certain Market Activities Clause in Contracts

Certain Market Activities. Neither the Company, nor any of the Subsidiaries, nor any of their respective directors, officers or controlling persons has taken, directly or indirectly, any action designed, or that has constituted or might reasonably be expected to cause or result in, under the Exchange Act or otherwise, the stabilization or manipulation of the price of the Common Stock or of any “reference security” (as defined in Rule 100 of Regulation M under the Exchange Act (“Regulation M”)) with respect to the Common Stock, whether to facilitate the sale or resale of the Offered Shares or otherwise, or taken any other action which would directly or indirectly violate Regulation M. The Common Stock is an “actively traded security” (as defined in Regulation M).

Certain Market Activities. Neither the Company, nor any of the its Subsidiaries, nor any of their respective directors, officers or controlling persons has have taken, directly or indirectly, any action designed, or that has constituted or might would reasonably be expected to cause or result in, under the Exchange Act or otherwise, the stabilization or manipulation of the price of the Common Stock Shares or of any “reference security” (as defined in Rule 100 of Regulation M under the Exchange Act (“Regulation M”)) with respect to the Common StockShares, whether to facilitate the sale or resale of the Offered Shares or otherwise, or and has taken any other no action which would directly or indirectly violate Regulation M. The Common Stock is an “actively traded security” (as defined in Regulation M).M.