Common use of Covenants Related to Pooling of Interests Clause in Contracts

Covenants Related to Pooling of Interests. In accordance with SAB 65, ----------------------------------------- during the period commencing 30 days preceding the Closing Date of the Merger and continuing until the second day after the day that Acquiror publicly announces financial results covering at least 30 days of combined operations of Acquiror and Target, Affiliate will not sell, exchange, transfer, pledge, distribute, make any gift or otherwise dispose of or grant any option, establish any "short" or put-equivalent position with respect to or enter into any similar transaction (through derivatives or otherwise) intended or having the effect, directly or indirectly, to reduce Affiliate's risk relative to any shares of Acquiror Common Stock. Acquiror may, at its discretion, place a stock transfer notice consistent with the foregoing with its transfer agent with respect to Affiliate's shares. Notwithstanding the foregoing, Affiliate will not be prohibited by the foregoing from selling or disposing of shares so long as such sale or disposition is in accordance with the "de minimis" test set forth in SEC Staff Accounting Bulletin No. 76.