Common use of Certain Trading Limitations Clause in Contracts

Certain Trading Limitations. For so long as a Purchaser or its Affiliates hold the Shares originally purchased by it under this Agreement such Purchaser agrees that it will not enter into any Short Sales. For purposes of this Section 4.14, a "Short Sale" by a Purchaser means to sell, contract to sell, grant any option to purchase, or make any short sale of Common Stock, establish a "put equivalent position" (as such term is defined in Rule 16a-1(h) under the Exchange Act) or engage in any transaction the result of which will involve any of the foregoing, at a time when such Purchaser has no equivalent offsetting long position in the Common Stock. For purposes of determining whether a Purchaser has an equivalent offsetting long position in the Common Stock, all Common Stock held by such Purchaser, all Underlying Shares that would be issuable upon conversion or exercise in full of all Securities then held by such Purchaser (assuming that such Securities were then fully convertible or exercisable, notwithstanding any provisions to the contrary, and giving effect to any conversion or exercise price adjustments scheduled to take effect in the future) and all shares of Common Stock issuable upon exercise of any call option or "call equivalent position" (as defined in Rule 16a-1(b) under the Exchange Act) held by such Purchaser (assuming that such call position was then fully convertible or exercisable, notwithstanding any provisions to the contrary, and giving effect to any conversion or exercise price adjustments scheduled to take effect in the future) shall be deemed to be held long by such Purchaser.

Certain Trading Limitations. For so long as a Purchaser or its Affiliates hold the Shares originally purchased by it under this Agreement such Each Purchaser agrees that beginning on the date hereof until the earlier to occur of (a) 90 days from the Closing Date and (b) the effective date of the Registration Statement to be filed in connection with the sale of the Company Shares, it will not enter into any Short Sales. For purposes of this Section 4.144.8, a "Short SaleSHORT SALE" by a Purchaser means to sell, contract to sell, grant any option to purchase, or make any short a sale of Common Stock, establish Stock that is marked as a "put equivalent position" (as such term short sale and that is defined in Rule 16a-1(h) under the Exchange Act) or engage in any transaction the result of which will involve any of the foregoing, executed at a time when such Purchaser has no equivalent offsetting long position in the Common Stock. For purposes of determining whether a Purchaser has an equivalent offsetting long position in the Common Stock, all Common Stock held by such Purchaser, issued or issuable pursuant to this Agreement and all Underlying Shares Common Stock that would be issuable upon conversion or exercise in full of all Securities Options then held by or issuable to such Purchaser (assuming that whether or not such Securities Options were then fully convertible or exercisable, notwithstanding any provisions to the contrary, and giving effect to any conversion or exercise price adjustments scheduled to take effect in the future) and all shares of Common Stock issuable upon exercise of any call option or "call equivalent position" (as defined in Rule 16a-1(b) under the Exchange Act) held by such Purchaser (assuming that such call position was then fully convertible or exercisable, notwithstanding any provisions to the contrary, exercisable and giving effect to any conversion or exercise price adjustments scheduled to take effect in the future) shall be deemed to be held long by such Purchaser. Solely with respect to Deutsche Bank, AG London Branch and solely for purposes of applying the restrictions contained in this Section 4.8, the term "Purchaser" shall mean the Quantitative Value Trading (or QVT) group of DB Advisors LLC and any accounts managed, advised or controlled by such group. The foregoing sentence shall have no future application after the date on which Deutsche Bank, AG London Branch has transferred all of its rights under the Transaction Documents.