Common use of Certain Securities Transactions Clause in Contracts

Certain Securities Transactions. During the period (the “Pre-Announcement Period”) beginning with the date on which the Buyer commenced discussions with the Company in respect of the transaction contemplated hereby and ending on the date of the 8-K Filing (as defined below), and except for the purchase of the Purchased Shares hereunder on the Closing Date, neither the Buyer nor any Affiliate controlled by the Buyer, nor to the knowledge of the Buyer any Affiliate controlling the Buyer or under common control with the Buyer, has entered, or will not enter, into any transaction in respect of or involving the Common Stock or any Convertible Securities or Options, including any purchase or sale, derivative or hedging transaction. Without limiting the foregoing, during the Pre-Announcement Period, the Buyer has not and will not engage in any transaction constituting a “short sale” (as defined in Rule 200 of Regulation SHO under the 0000 Xxx) of shares of Common Stock or establish an open “put equivalent position” (within the meaning of Rule 16a-1(h) under the 0000 Xxx) with respect to the Common Stock.

Certain Securities Transactions. During the period (the “Pre-Announcement Period”) beginning with the date on which the Buyer commenced discussions with the Company in respect of the transaction contemplated hereby and ending on the date of the 8-K Filing (as defined below), and except for the purchase of the Purchased Shares hereunder on the Closing Date, neither the Buyer nor any Affiliate controlled by the Buyer, nor to the knowledge of the Buyer any Affiliate controlling the Buyer or under common control with the Buyer, has entered, or will not enter, into any transaction in respect of or involving the Common Stock or any Convertible Securities or Options, including any purchase or sale, derivative or hedging transaction. Without limiting the foregoing, during the Pre-Announcement Period, the Buyer has not and will not engage in any transaction constituting a “short sale” (as defined in Rule 200 of Regulation SHO under the 0000 Xxx) of shares of Common Stock or establish an open “put equivalent position” (within the meaning of Rule 16a-1(h) under the 0000 Xxx) with respect to the Common Stock.

Certain Securities Transactions. During the period (the “Pre-Announcement Period”) beginning with the date on which the Buyer commenced discussions with the Company in respect of the transaction transactions contemplated hereby and ending on the date of the filing of the Pre-Closing 8-K Filing (K, other than as defined below), contemplated by the Previous ACP Securities Purchase Agreement and except for the purchase of the Purchased Shares hereunder on the Closing Dateagreements contemplated therein, neither the Buyer nor any Affiliate controlled by the Buyer, nor to the knowledge of the Buyer any Affiliate controlling the Buyer or under common control with the Buyer, has entered, or will not enter, into any transaction in respect of or involving the Common Stock or any Convertible Securities or Options, including any purchase or sale, derivative or hedging transaction, other than the transactions contemplated by this Agreement. Without limiting the foregoing, during the Pre-Announcement Period, the Buyer has not and will not engage in any transaction constituting a “short sale” (as defined in Rule 200 of Regulation SHO under the 0000 XxxSecurities Act of 1934, as amended (the “1934 Act”)) of shares of Common Stock or establish an open “put equivalent position” (within the meaning of Rule 16a-1(h) under the 0000 Xxx) with respect to the Common Stock.

Certain Securities Transactions. During the period (the “Pre-Announcement Period”) beginning with the date on which the such Buyer or its Affiliates commenced discussions with the Company in respect of the transaction contemplated hereby and ending on the date of the 8-K Filing (as defined below), and except for the purchase of the Purchased Shares hereunder on the Closing Date, neither the such Buyer nor any Affiliate controlled by the such Buyer, nor to the knowledge of the such Buyer any Affiliate controlling the such Buyer or under common control with the such Buyer, has entered, or will not enter, into any transaction in respect of or involving the Common Stock or any Convertible Securities or Options, including any purchase or sale, derivative or hedging transaction. Without limiting the foregoing, during the Pre-Announcement Period, the such Buyer has not and will not engage in any transaction constituting a “short sale” (as defined in Rule 200 of Regulation SHO under the 0000 Xxx) of shares of Common Stock or establish an open “put equivalent position” (within the meaning of Rule 16a-1(h) under the 0000 Xxx) with respect to the Common Stock.