Common use of Limitations on Short Sales Clause in Contracts

Limitations on Short Sales. Each Purchaser represents that it has not entered into any Short Sales (as hereinafter defined) following their introduction by H.C. Wainwright Co. Inc. to the Company from the date of such intxxxxxxxxx xxxxxgh the Initial Closing Date in connection with the sale of Common Stock contemplated herein. Furthermore, each Purchaser agrees that it will not enter into any Short Sales for the period commencing on the Initial Closing Date and ending on the date which all of the Preferred Shares 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 2.2(m), a "Short Sale" by a Purchaser shall mean a sale of Common Stock by a 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 Purchaser, Conversion Shares that have not yet been converted upon conversion of the Preferred Shares and Warrant Shares that have not yet been issued upon exercise of the Warrants shall be deemed to be held long by such Purchaser, 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 Preferred Shares assuming such holder converted all the outstanding principal amount of the Preferred Shares 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. Each Purchaser represents The Buyers agree that it has they -------------------------- will not entered enter into any Short Sales (as hereinafter defined) following their introduction by H.C. Wainwright Co. Inc. to the Company from the date of such intxxxxxxxxx xxxxxgh the Initial Closing Date in connection with the sale of Common Stock contemplated herein. Furthermore, each Purchaser agrees that it will not enter into any Short Sales for the period commencing on the Initial Closing Date and ending on the date which all of the Preferred Shares 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 2.2(m4(n), a "Short SaleSHORT SALE" by a Purchaser Buyer shall mean a sale of Common Stock by a Purchaser 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 PurchaserBuyer. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by a PurchaserBuyer, Conversion Shares that have not yet been converted pursuant to the Debentures (including Conversion Shares issuable upon conversion exercise of the Preferred Shares 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 PurchaserBuyer, 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 Preferred Shares Debentures assuming such holder converted all the outstanding principal amount of the Preferred Shares 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. Each Purchaser represents that it has not entered into any Short Sales (as hereinafter defined) following their introduction by H.C. Wainwright Co. Inc. to the Company from the date of such intxxxxxxxxx xxxxxgh the Initial Closing Date in connection with the sale of Common Stock contemplated herein. Furthermore, each The Purchaser agrees that it will not enter into any Short Sales for the period commencing on the Initial Closing Date and ending on the date which all of the Preferred Shares 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 hereinafter defined) during the Registration Rights Agreement)Commitment Period. For purposes of this Section 2.2(m)3.17, a "Short Sale" by a the Purchaser shall mean a sale of Common Stock by a the 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 the Purchaser. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by a the Purchaser, Conversion Draw Down Shares that will be issued pursuant to a Draw Down Notice but that have not yet been converted upon conversion of delivered to the Preferred Shares Purchaser and Warrant Shares that have not yet been issued upon exercise of the Warrants shall be deemed to be held long by such the Purchaser, and the amount of shares of Common Stock held in a long position shall be the number of Conversion Draw Down Shares issuable upon conversion pursuant to a Draw Down Notice assuming all Draw Down Shares are purchased at the Threshold Price (or, if there is no Threshold Price, the lowest VWAP after the date of the Preferred Shares assuming such holder converted all the outstanding principal amount of the Preferred Shares on such date Draw Down Notice) and with respect to Warrant Shares, the number of Warrant Shares issuable upon exercise of the Warrants assuming such the holder exercised all of the Warrants on such date.. Article 4

Limitations on Short Sales. Each Purchaser represents that it has not entered into any Short Sales (as hereinafter defined) following their introduction by H.C. Wainwright Co. Inc. to the Company from the date of such intxxxxxxxxx xxxxxgh the Initial Closing Date in connection with the sale of Common Stock contemplated herein. Furthermore, each The Purchaser agrees that it will not enter into any Short Sales for (as hereinafter defined) from the period commencing on the Initial Closing Date and ending on the date which all of the Preferred Shares have Note has been converted and all of the Warrants have Warrant has 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 2.2(m2.2(j), a "Short Sale" by a Purchaser shall mean a sale of Common Stock by a the 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 the Purchaser. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by a the Purchaser, Conversion Shares that have not yet been converted upon conversion of pursuant to the Preferred Shares Note and Warrant Shares that have not yet been issued upon exercise of the Warrants Warrant shall be deemed to be held long by such the Purchaser, and the amount of shares of Common Stock held in a long position shall be the number of Conversion Shares issuable upon conversion of pursuant to the Preferred Shares Note assuming such holder converted all the outstanding principal amount of the Preferred Shares Note on such date and (ii) with respect to Warrant Shares, the number of Warrant Shares issuable upon exercise of pursuant to the Warrants assuming such holder exercised all of the Warrants on such dateWarrant.

Limitations on Short Sales. Each The Purchaser represents agrees that it has will -------------------------- not entered enter into any Short Sales (as hereinafter defined) following their introduction by H.C. Wainwright Co. Inc. to the Company from the date of such intxxxxxxxxx xxxxxgh the Initial Closing Date in connection with the sale of Common Stock contemplated herein. Furthermore, each Purchaser agrees that it will not enter into any Short Sales for the period commencing on the Initial Closing Date and ending on the date which all of the Preferred Shares have Note has been converted and all of the Warrants have Warrant has 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 2.2(m2.2(j), a "Short Sale" by a Purchaser shall mean a sale of Common Stock by a the 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 the Purchaser. For purposes of determining whether there is an equivalent offsetting long position in Common Stock held by a the Purchaser, Conversion Shares that have not yet been converted upon conversion of pursuant to the Preferred Shares Note and Warrant Shares that have not yet been issued upon exercise of the Warrants Warrant shall be deemed to be held long by such the Purchaser, and the amount of shares of Common Stock held in a long position shall be the number of Conversion Shares issuable upon conversion of pursuant to the Preferred Shares Note assuming such holder converted all the outstanding principal amount of the Preferred Shares Note on such date and (ii) with respect to Warrant Shares, the number of Warrant Shares issuable upon exercise of pursuant to the Warrants assuming such holder exercised all of the Warrants on such dateWarrant.