Common use of Manipulation of Price Clause in Contracts

Manipulation of Price. Since the time that such Buyer was first contacted by the Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, to the knowledge of the Buyer, no Person acting on its behalf has, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) paid or agreed to pay to any Person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result result, or that could reasonably be expected to cause or result, in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) other than the Placement Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) other than the Placement Agent, paid or agreed to pay to any Person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer the Investor was first contacted by the Company or its agent regarding the investment in the Company contemplated herein, the Buyer Investor has not, and, to the knowledge of the BuyerInvestor, no Person acting on its behalf has, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) paid or agreed to pay to any Person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result result, or that could reasonably be expected to cause or result, in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) other than the Placement Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) other than the Placement Agent, paid or agreed to pay to any Person person any compensation for soliciting another to purchase any other securities of the CompanySecurities.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result result, or that could reasonably be expected to cause or result, in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) other than the Agents, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) other than the Agents, paid or agreed to pay to any Person person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result result, or that would reasonably be expected to cause or result, in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) other than the Placement Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) other than the Placement Agent, paid or agreed to pay to any Person person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or and its agent regarding the investment in the Company contemplated herein, the Buyer has Subsidiaries have not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result or that could reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) other than the Placement Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) other than the Placement Agent, paid or agreed to pay to any Person person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by Except as disclosed in Schedule 3(ff), neither the Company or nor any of its agent regarding the investment in the Company contemplated herein, the Buyer has notSubsidiaries has, and, to the knowledge of the BuyerCompany, no Person acting on its their behalf has, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company or any of its Subsidiaries to facilitate the sale or resale of any of the Securities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) paid or agreed to pay to any Person any compensation for soliciting another to purchase any other securities of the CompanyCompany or any of its Subsidiaries.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) other than the Company's agreement to pay a fee to the Placement Agent or in connection with its Stock Repurchase Program, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) paid or agreed to pay to any Person person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) other than payments due to Xxxxx Xxxxxxx upon the Closing, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) other than payments due to Xxxxx Xxxxxxx upon the Closing, paid or agreed to pay to any Person person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) other than pursuant to the Finder’s Fee Agreement or in connection with the PIPE Transaction or the Previous Convertible Note Transaction, paid or agreed to pay to any Person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) other than the Placement Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) {AJF/SWJ/019170-000001/00939534} other than the Placement Agent, paid or agreed to pay to any Person person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) other than payments due to Piper upon the Closing, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) other than payments due to Piper upon the Closing, paid or agreed to pay to any Person person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company or (except for actions taken by the Agent pursuant to the engagement letter dated as of September 12, 2005 between the Company and the Agent) to facilitate the sale or resale of any of the Securities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) paid or agreed to pay to any Person person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer the Purchaser was first contacted by the Company or its agent regarding the investment in the Company contemplated herein, the Buyer Purchaser has not, and, to the knowledge of the BuyerPurchaser, no Person acting on its behalf has, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the New Securities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the New Securities, or (iii) paid or agreed to pay to any Person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result result, or that could reasonably be expected to cause or result, in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the SecuritiesNotes, (ii) other than the Placement Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the SecuritiesNotes, or (iii) other than the Placement Agent, paid or agreed to pay to any Person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Since the time that such Buyer was first contacted by the The Company or its agent regarding the investment in the Company contemplated herein, the Buyer has not, and, and to the its knowledge of the Buyer, no Person one acting on its behalf has, (i) taken, directly or indirectly, (i) taken any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of any of the Securities, (ii) other than the Company’s agreement to pay a fee to the Placement Agent or in connection with its Stock Repurchase Program, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Securities, or (iii) paid or agreed to pay to any Person person any compensation for soliciting another to purchase any other securities of the Company.