Common use of Limitations on Resales Clause in Contracts

Limitations on Resales. The Investor further covenants and agrees that it will not knowingly transfer to any Person (together with such Person's Affiliates), other than the Company or Affiliates of the Investor, in a transaction or series of transactions, Common Stock in an aggregate amount in excess of 2% of the issued and outstanding shares of Common Stock of the Company (based upon the number of shares of Common Stock of the Company issued and outstanding on the applicable date of transfer); in furtherance thereof, the Investor covenants and agrees that it shall not during any five (5) consecutive trading days transfer Common Stock in secondary market transactions in which the identity of the acquiror is not known to the Investor in an amount in excess of 2% of the issued and outstanding shares of Common Stock of the Company (based upon the number of shares of Common Stock of the Company issued and outstanding on the applicable date of transfer). The Investor covenants and agrees that the foregoing transfers to third parties shall be made in bona fide, arms-length transactions and that upon any such transfer, it will not retain the power to control the disposition of the securities transferred or to direct the voting with respect thereto.