Limitation on Short Sales. The Investor and its affiliates shall not engage in short sales of the Company's Common Stock; provided, however, that the Investor may enter into any short exempt sale or any short sale or other hedging or similar arrangement it deems appropriate with respect to Put Shares after it receives a Put Notice with respect to such Put Shares so long as such sales or arrangements do not involve more than the number of such Put Shares specified in the Put Notice.
Limitation on Short Sales. The Investor agrees that it will make no short sales (as defined in any applicable SEC or NASD rules) of the Company's Common Stock while the Investor holds any of the Common Stock issued hereunder.
Limitation on Short Sales. The Investor and its affiliates shall not engage in short sales of the Company's Common Stock.
Limitation on Short Sales. The Investor and its Affiliates shall not engage in or cause others on its behalf to engage in sales of the Company's Common Stock for which the Investor does not have the right or duty to purchase shares from the Company to cover such sales; provided, however, that the Investor may enter into any short exempt sale or any short sale or other hedging or similar arrangement it deems appropriate with respect to Put Shares and Warrants after it receives a Put Notice so long as such sales or arrangements do not involve more than the number of such Put Shares or Warrants that the Investor has a right or duty to purchase from the Company.
Limitation on Short Sales. The Investor and its Affiliates shall not engage in short sales of the Company's Common Stock; provided, however, that the Investor may enter into any short exempt sale or any short sale or other hedging or similar arrangement it deems appropriate with respect to Put Shares after it receives a Put Notice with respect to such Put Shares so long as such sales or arrangements do not involve more than the number of such Put Shares specified in the Put Notice, and so long as such short sale or other hedging or similar arrangement is not at a price below the Trigger Price.
Limitation on Short Sales. The Investor agrees that as long as the Investor or any of its affiliates holds or beneficially owns any Securities issued in connection with this Agreement, neither the Investor nor any of the Investor's affiliates will enter into any Short Sales (as defined below). For purposes hereof, a "Short Sale" by the Investor or any affiliate thereof shall mean a short sale of Common Stock or any equivalent derivative by the Investor or any affiliate thereof that is made at a time when there is no equivalent offsetting long position in the Company's Common Stock held by the Investor or such affiliate involved in such short sale. For purposes of determining whether there is an equivalent offsetting long position in the Common Stock held by the Investor or any such affiliate, shares that could be received from the exercises of Warrants issued hereunder shall be deemed to be held long by the Investor and affiliates thereof.
Limitation on Short Sales. The Investor agrees that it will make no short sales (as defined in any applicable SEC or NASD rules) of the Company's Common Stock while any of the Convertible Preferred Stock owned by such Investor remains issued and outstanding. The foregoing limitation shall not apply on any Trading Day when the closing bid price of the Common Stock on the previous Trading Day exceeds three (3) times the closing bid price on the Closing Date.
Limitation on Short Sales. The Investor and its affiliates shall not engage in short sales of the Company's Common Stock; provided, however, that the Investor may sell a number of shares of Common Stock of the Company up to the sum of (i) number of Put Shares that have accrued pursuant to the Volume Limitations for the applicable Put up through that time (not to exceed the number of such Put Shares specified in the Put Notice), plus (ii) the number of Put Shares and Warrant Shares that the Investor has accumulated under the terms of this Agreement in previous Puts or upon the exercise of Commitment Warrants, regardless (in both (i) and (ii) above) of whether or not any such sales are characterized as long sales, short exempt sales, short sales, or otherwise.
Limitation on Short Sales. The Investor and its affiliates ------------------------- shall not engage in short sales of the Company's Common Stock; provided, -------- however, that the Investor may enter into any short sale or other hedging or ------- similar arrangement it deems appropriate with respect to Purchased Shares after it receives a Purchase Notice with respect to such Purchased Shares so long as such sales or arrangements do not involve more than the number of such Purchased Shares (determined as of the date of such Purchase Notice).
Limitation on Short Sales. The Subscriber and its Affiliates shall not engage in short sales of the Company's Common Stock; provided, however, that the Subscriber may enter into any short sale or other hedging or similar arrangement it deems appropriate with respect to Put Shares after it receives an Advance Put Notice with respect to such Put Shares so long as such sales or arrangements do not involve more than the number of such Put Shares specified in the Advance Put Notice (or, a good faith estimate of the number of Put Shares, if an exact number of shares is not specified in the Advance Put Notice).
