Common use of Limitations on Short Sales Clause in Contracts

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 Third Vesting Date (as defined in the Adjustable Warrants). For purposes of this Section 3.14, 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 or vested pursuant to such Warrants shall be deemed to be held long by such Purchaser and the number of Warrant Shares then held by such Purchaser on any particular date of computation shall be equal to the sum of (i) the number of Warrant Shares then issuable upon exercise of the Closing Warrant held by such Purchaser and (ii) the number of Warrant Shares issuable pursuant to the Adjustable Warrant held by such Purchaser on the next Vesting Date (as defined in the Adjustable Warrants) calculated as if such Vesting Date occurred on the date of computation (whether or not then a Vesting Date) (e.g. using the lowest ten (10) Per Share Market Values during the forty (40) Trading Days immediately preceding such computation date), provided, that on and after the Third Vesting Date, such number shall equal the number of Warrant Shares that have vested on such Third Vesting Date. Each Purchaser agrees that it will not, directly or indirectly, individually or through any Affiliate, engage in any transaction which would be in violation of Regulation M promulgated under the Exchange Act with respect to transactions in the Underlying Shares.

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 Third Vesting Date (as defined in date which is which is earlier to occur of one year after the Adjustable Warrants)date hereof or such date which such Purchaser no longer beneficially owns any Debentures. For purposes of this Section 3.143.15, 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 Underlying Shares that have not yet been issued on exercise of the Warrants or vested converted pursuant to such Warrants the Debenture shall be deemed to be held long by such Purchaser the Purchaser, Warrant Shares that have not yet been exercised pursuant to the Warrant shall be deemed to be held long by the Purchaser, and the number of Underlying Shares and Warrant Shares then held by such a Purchaser on any particular date of computation shall be equal to the sum of (i) the with respect to Underlying Shares, such number of Warrant Underlying Shares then issuable upon exercise pursuant to the Debenture assuming such holder converted all the outstanding principal amount of the Closing Warrant held by Debenture on such Purchaser date and (ii) with respect to Warrant Shares, the number of Warrant Shares issuable pursuant to the Adjustable Warrant held by assuming such Purchaser on holder exercised all of the next Vesting Date (as defined in the Adjustable Warrants) calculated as if such Vesting Date occurred on the date of computation (whether or not then a Vesting Date) (e.g. using the lowest ten (10) Per Share Market Values during the forty (40) Trading Days immediately preceding such computation date), provided, that on and after the Third Vesting Date, such number shall equal the number of outstanding Warrant Shares that have vested on such Third Vesting Date. Each Purchaser agrees that it will not, directly or indirectly, individually or through any Affiliate, engage in any transaction which would be in violation of Regulation M promulgated under the Exchange Act with respect to transactions in the Underlying Sharesdate.

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 Third Vesting Date (as defined in date which is 300 days after the Adjustable Warrants)date hereof. For purposes of this Section 3.143.10, a "Short SaleSHORT 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 Conversion Shares that have not yet been issued on exercise of the Warrants or vested converted pursuant to such Warrants the Debenture shall be deemed to be held long by such Purchaser the Purchaser, Warrant Shares that have not yet been exercised pursuant to the Warrant shall be deemed to be held long by the Purchaser, and the number of Conversion Shares and Warrant Shares then held by such a Purchaser on any particular date of computation shall be equal to the sum of (i) the with respect to Conversion Shares, such number of Warrant Conversion Shares then issuable upon exercise pursuant to the Debenture assuming such holder converted all the outstanding principal amount of the Closing Warrant held by Debenture on such Purchaser date and (ii) with respect to Warrant Shares, the number of Warrant Shares issuable pursuant to the Adjustable Warrant held by such Purchaser on the next Vesting Date (as defined in the Adjustable Warrants) calculated as if such computation date were such Vesting Date occurred on the date of computation (whether or not then a Vesting Date) (e.g. using the lowest ten (10) Per Share Market Values during the forty twenty-five (4025) Trading Days days immediately preceding such computation date), provided, that on and after the Third Vesting Date, such number shall equal the number of Warrant Shares that have vested on such Third Vesting Date. Each Purchaser agrees that it will not, directly or indirectly, individually or through any Affiliate, engage in any transaction which would be in violation of Regulation M promulgated under the Exchange Act with respect to transactions in the Underlying Shares.