Hedging Restrictions. Investor agrees not to engage in any short sales, swaps, purchasing of puts, or other hedging activities that involve the direct or indirect use of the Common Stock or any derivative securities based on Common Stock to hedge its investment in the Shares. This Section shall not apply to transactions in which Investor has no beneficial interest made on behalf of third-party clients who are not holders of Shares.
Hedging Restrictions. Each Purchaser agrees that, during the Hedging Limitation Period, it shall not, and shall cause each of its Affiliates not to, enter into any Hedging Agreement with respect to the Common Stock or the Convertible Preferred Stock or the equity securities of any Subsidiary of the Company that are traded on a national securities exchange or the OTCQB. For the avoidance of doubt, following the Hedging Limitation Period, nothing in this Section 5.6 shall prohibit such Purchaser or its Affiliates from entering into any Hedging Agreement with respect to the Common Stock or the Convertible Preferred Stock or the equity securities of any Subsidiary of the Company, including any transactions involving an index-based portfolio of securities that includes Common Stock or the equity securities of any Subsidiary of the Company (regardless of the value of such Common Stock or equity securities of any Subsidiary of the Company in such portfolio relative to the total value of the portfolio of securities) or involving the purchase or sale of derivative securities or any short sale of the Common Stock or the equity securities of any Subsidiary of the Company.
Hedging Restrictions. The Investor agrees that, during the Hedging Limitation Period, it and the Parent Controlled Affiliates shall not Hedge its or their direct or indirect exposure to the Common Stock or any other Security, except in transactions involving an index-based portfolio of securities that includes Common Stock (provided that the value of such Common Stock in such portfolio is not more than 5% of the total value of the portfolio of securities). For the avoidance of doubt, following the Hedging Limitation Period, nothing in this Section 4.2 shall prohibit the Investor or the Parent Controlled Affiliates from Hedging its direct or indirect exposure to the Common Stock or any other Security, including any transactions involving an index-based portfolio of securities that includes Common Stock (regardless of the value of such Common Stock in such portfolio relative to the total value of the portfolio of securities) or involving the purchase or sale of derivative securities or any short sale of Common Stock.
Hedging Restrictions. The Purchaser agrees to comply, and to cause its Affiliates to comply, with the Issuer's restrictions on hedging activities applied to members of its Board of Directors and which have been provided to the Purchaser on or prior to the date hereof.
Hedging Restrictions. Each CD&R Investor and each Golden Gate Investor agrees that, during the Hedging Limitation Period, it and its Parent Controlled Affiliate shall not Hedge their respective direct or indirect exposure to Common Stock or any other security , except in transactions involving an index-based portfolio of securities that includes Common Stock (provided that the value of such Common Stock in such portfolio is not more than 5.0% of the total value of the portfolio of securities). For the avoidance of doubt, following the Hedging Limitation Period, nothing in this Section 4.2 shall prohibit any CD&R Investor or Golden Gate Investor, or their respective Parent Controlled Affiliates from Hedging their respective direct or indirect exposure to Common Stock or any other security , including any transactions involving an index-based portfolio of securities that includes Common Stock (regardless of the value of such Common Stock in such portfolio relative to the total value of the portfolio of securities) or involving the purchase or sale of derivative securities or any short sale of Common Stock.
Hedging Restrictions. Investor and its affiliates agree not to engage in any short sales, swaps, purchasing of puts, or other hedging activities that involve the direct or indirect use of the Common Stock to hedge its investment in the Shares, but the Investor may write call options if the call exercise price is greater than the effective Conversion Price on the day that the call is written. This Section shall not apply to transactions not solicited or directed by Investor and in which Investor has no beneficial interest made on behalf of third-party clients who are not holders of Shares. This Section shall not apply to short sales made within 3 days of Conversion of Shares in amounts not greater than the number of shares issuable upon conversion.
Hedging Restrictions. For so long as Seller owns any of the Shares, Seller will not engage in any short sale or transaction having a similar effect with respect to common stock of the Buyer; provided, however, that for the avoidance of doubt, Buyer shall not be restricted in any way as to the disposition (by short sale or otherwise) with respect to shares of common stock of the Buyer acquired by Seller other than the Shares acquired under this Agreement.
Hedging Restrictions. Investor and its affiliates agree not to -------------------- engage in any short sales, swaps, purchasing of puts, or other hedging activities that involve the direct or indirect use of the Common Stock to hedge its investment in the Shares, but the Investor may write call options if the call exercise price is greater than the lesser of the effective Conversion Price on the day that the call is written or the closing price of the Common Stock on the day prior to the day that the call is written. This Section shall not apply to transactions not solicited or directed by Investor and in which Investor has no beneficial interest made on behalf of third-party clients who are not holders of Shares. This Section shall not apply to short sales made within 3 days of Conversion of Shares in amounts not greater than the number of shares issuable upon conversion, if the shares issuable upon conversion are used to cover the short sale. The provisions of this Section are binding upon any affiliates of the Investor and any affiliates of any transferee of any of the Shares.
Hedging Restrictions. (a) Section 16(n) is amended to read as follows:
Hedging Restrictions. Such Buyer and its affiliates shall not purchase, offer, sell (including by effecting any short sale), grant any option for the sale of, transfer or gift any Securities or shares of Common Stock prior to the earlier of (i) the public announcement by the Company of the transactions contemplated by this Agreement, or (ii) the termination of this Agreement in accordance with Section 8 hereof.
