Limitations on Short Sales. The Buyers agree that they -------------------------- will not enter into any Short Sales (as hereinafter defined) from the period commencing on the Closing Date and ending on the date which all of the Debentures have been converted and all of the Warrants have been exercised and such Conversion Shares and Warrant Shares are covered by the Registration Statement (as defined in the Registration Rights Agreement). For purposes of this Section 4(n), a "SHORT SALE" by a Buyer shall mean a sale of Common Stock by a Buyer that is marked as a short sale and that is made at a time when there is no equivalent offsetting long position in Common Stock held by such Buyer. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by a Buyer, Conversion Shares that have not yet been converted pursuant to the Debentures (including Conversion Shares issuable upon exercise of the Investment Options) and Warrant Shares that have not yet been issued upon exercise of the Warrants shall be deemed to be held long by such Buyer, and the amount of shares of Common Stock held in a long position shall be the number of Conversion Shares issuable upon conversion of the Debentures assuming such holder converted all the outstanding principal amount of the Debentures on such date and with respect to Warrant Shares, the number of Warrant Shares issuable upon exercise of the Warrants assuming such holder exercised all of the Warrants on such date.
Limitations on Short Sales. The Purchasers agree, severally and not jointly, that they will not enter into any Short Sales (as hereinafter defined) from the period commencing on the Closing Date and ending on the date that all of the Debenture have been converted and all of the Warrants have been exercised. For purposes of this Section 3.2(h), a "Short Sale" by any Purchaser shall mean a sale of Common Stock by such Purchaser that is marked as a short sale and that is made at a time when there is no equivalent offsetting long position in Common Stock held by such Purchaser. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by the Purchasers, Underlying Shares that have not yet been converted pursuant to the Debenture and that have not yet been issued upon exercise of the Warrant shall be deemed to be held long by the Purchasers, and the amount of shares of Common Stock held in a long position shall be the number of Underlying Shares issuable pursuant to the Debenture assuming such holder converted all the outstanding principal amount of the Debenture on such date, and (ii) the number of Underlying Shares issuable pursuant to the Warrant.
Limitations on Short Sales. Until the Note(s) are no longer outstanding, the Purchasers agree that they shall not effect any Short Sales of the Common Stock which establish a net short position with respect to the Common Stock. Solely for purposes of determining whether the Purchasers has a “net short” position pursuant to this Section 4.19, the Purchasers shall be deemed the owner of all Conversion Shares and Warrant Shares underlying the outstanding Notes and Warrants.
Limitations on Short Sales. The Buyer and its Affiliates shall not engage in short sales of the Company's Common Stock.
Limitations on Short Sales. So long as no Event of Default (as defined in the Notes) has occurred and is continuing, neither the Purchasers nor their affiliates will undertake any special selling activities with respect to the Common Stock, which includes, without limitation, any short sale.
Limitations on Short Sales. Each Purchaser agrees that it will not -------------------------- enter into any Short Sales (as hereinafter defined) from the period commencing on the Closing Date and ending on the second year anniversary of the Closing Date to the extent that a Short Sale on a Trading Day would exceed the greater of 15% of (i) the trading volume of the Common Stock on such Trading Day and (ii) the average of the trading volume of the Common Stock for the five (5) Trading Days immediately preceding such Trading Day. For purposes of this Section 3.17, a "Short Sale" by a Purchaser shall mean a sale of Common Stock by such Purchaser that is marked as a short sale and that is made at a time when there is no equivalent offsetting long position in Common Stock held by the Purchaser. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by a Purchaser, Warrant Shares that have not yet been issued on exercise of the Warrants held by a Purchaser shall be deemed to be held long by such Purchaser.
Limitations on Short Sales. Each Purchaser agrees, severally and not jointly, that it will not enter into any Short Sales (as hereinafter defined) from the period commencing on the First Closing Date and ending on the date that all of the Debentures have been converted and all of the Warrants have been exercised. For purposes of this Section 3.2(h), a "SHORT SALE" by any Purchaser shall mean a sale of Common Stock by such Purchaser that is marked as a short sale and that is made at a time when there is no equivalent offsetting long position in Common Stock held by such Purchaser. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by a Purchasers, in addition to shares of Common Stock held by such Purchaser, Underlying Shares that have not yet been converted pursuant to such Purchaser's Debenture and that have not yet been issued upon exercise of such Purchaser's Warrant shall be deemed to be held long by such Purchaser.
Limitations on Short Sales. Each Stockholder shall not enter into any Short Sales (as hereinafter defined) (or shall not cause or induce any of its affiliates (as defined in Rule 501 of the Securities Act) to enter into any Short Sales) from the period commencing on the Closing Date and ending one year from the Closing Date. For purposes of this Section 5.13, a “Short Sale” by a Stockholder shall mean a sale of Parent Common Stock by a Stockholder that is marked as a short sale and that is made at a time when there is no equivalent offsetting long position in Parent Common Stock held by such Stockholder. Additionally, each Stockholder has been advised of the SEC’s position regarding short sales of unregistered securities set forth in Interpretation A.65 in the SEC’s Manual of Publicly Available Telephone Interpretations and agrees to comply with same.
Limitations on Short Sales. Each Purchaser agrees that it will not enter into any Short Sales (as hereinafter defined) from the period commencing on the First Tranche 1 Closing Date and ending on the last applicable Adjustment Date. For purposes of this Section 3.16, a "SHORT SALE" by a Purchaser shall mean a sale of Common Stock by such Purchaser that is marked as a short sale and that is made at a time when there is no equivalent offsetting long position in Common Stock held by the Purchaser. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by a Purchaser, Adjustment Shares that have not yet been issued in connection with the immediately preceding Closing Date shall be deemed to be held long by the Purchaser, and the number of Adjustment Shares then held by a Purchaser on any particular date of computation shall be equal to the number of Adjustment Shares issuable pursuant to Section 3.15 on the next Adjustment Date calculated as if such computation date were such Adjustment Date (e.
Limitations on Short Sales. The Purchasers agree, severally and not jointly, that they will not enter into any Short Sales (as hereinafter defined) from the period commencing on the Closing Date and ending on the date that all of the Warrants have been exercised. For purposes of this Section 3.2(h), a “Short Sale” by any Purchaser shall mean a sale of Common Stock by such Purchaser that is marked as a short sale and that is made at a time when there is no equivalent offsetting long position in Common Stock held by such Purchaser. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by the Purchasers, Warrant Shares that have not yet been issued upon exercise of the Warrant shall be deemed to be held long by the Purchasers, and the amount of shares of Common Stock held in a long position shall be the number of Warrant Shares issuable pursuant to the Warrant.
