Common use of Manipulation of Price Clause in Contracts

Manipulation of Price. Neither the Company nor any of its Subsidiaries has, and, to the Company’s knowledge, no one acting on its behalf has, (i) taken, directly or indirectly, 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 Shares, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Shares, or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither Investor has not, and to its knowledge (assuming the Company nor any accuracy of its Subsidiaries has, and, to the Company’s knowledge, representations and warranties set forth in Section 3.1 hereof) no one acting on its behalf has, (i) taken, directly or indirectly, 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 Common Shares, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common Shares, or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither the The Company nor any of has not, and to its Subsidiaries has, and, to the Company’s knowledge, knowledge no one acting on its behalf has, (i) taken, directly or indirectly, 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 SharesSecurities, (ii) other than the Placement Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the SharesSecurities, or (iii) except as set forth in other than the SEC Documents, soldPlacement Agent, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the CompanySecurities.

Manipulation of Price. Neither the The Company nor any of has not, and to its Subsidiaries has, and, to the Company’s knowledge, knowledge no one acting on its behalf has, (i) taken, nor will take, directly or indirectly, 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 SharesSecurities, (ii) sold, bid for, purchased, or or, paid any compensation for soliciting purchases of, any of the SharesSecurities (other than for the placement agent’s placement of the Securities), or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither the The Company nor any of its Subsidiaries hashas not, and, and to the Knowledge of the Company’s knowledge, no one acting on its behalf has, (i) taken, directly or indirectly, 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 SharesSecurities, (ii) sold, bid for, purchased, or or, paid any compensation for soliciting purchases of, any of the SharesSecurities (other than for the placement agent's placement of the Securities), or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither The Company has not, and to its knowledge (assuming the Company nor any accuracy of its Subsidiaries has, and, to the CompanyInvestor’s knowledge, representations and warranties set forth in Section 3.2 hereof) no one acting on its behalf has, (i) taken, directly or indirectly, 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 Common Shares, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common Shares, or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither the The Company nor any of has not, and to its Subsidiaries has, and, to the Company’s knowledge, knowledge no one acting on its behalf has, (i) taken, directly or indirectly, 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 SharesSecurities, (ii) other than the Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the SharesSecurities, or (iii) except as set forth in other than the SEC Documents, soldAgent, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither Investor has not, and to its knowledge (assuming the Company nor any accuracy of its Subsidiaries has, and, to the Company’s knowledge, 's representations and warranties set forth in Section 3.1 hereof) no one acting on its behalf has, (i) taken, directly or indirectly, 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 SharesSecurities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the SharesSecurities, or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither the Parent nor either Company nor any of its Subsidiaries has, and, and to the Company’s knowledge, its knowledge no one acting on its behalf has, (i) taken, directly or indirectly, 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 Parent to facilitate the sale or resale of any of the SharesSecurities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the SharesSecurities, or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the CompanyPreferred Shares, the Exchange Shares or the Exchange Rights.

Manipulation of Price. Neither the Company Company, any Subsidiary, nor any of its Subsidiaries their respective officers or directors has, and, and to the Company’s knowledge, knowledge no one acting on its behalf has, (i) taken, directly or indirectly, 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 SharesSecurities, (ii) other than the Agents, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the SharesSecurities, or (iii) except as set forth in other than the SEC Documents, soldAgents, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither the The Company nor any of has not, and to its Subsidiaries has, and, to the Company’s knowledge, knowledge no one acting on its behalf has, (i) taken, directly or indirectly, 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 SharesSecurities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the SharesSecurities, or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the CompanyNotes, the Warrants or the Warrant Shares.

Manipulation of Price. Neither The Company has not, and to its knowledge (assuming the Company nor any accuracy of its Subsidiaries has, and, to the Company’s knowledge, Investor's representations and warranties set forth in Section 3.2 hereof) no one acting on its behalf has, (i) taken, directly or indirectly, 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 SharesSecurities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the SharesSecurities, or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither the The Company nor any of has not, and to its Subsidiaries has, and, to the Company’s knowledge, knowledge no one acting on its behalf has, (i) taken, directly or indirectly, 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 Common Shares, (ii) other than the Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common Shares, or (iii) except as set forth in other than the SEC Documents, soldAgent, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither In connection with the sale of the Common Shares, the Company nor any of has not, and to its Subsidiaries has, and, to the Company’s knowledge, knowledge no one acting on its behalf has, (i) taken, directly or indirectly, 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 SharesSecurities, (ii) sold, bid for, purchased, or paid any compensation, other than compensation paid to the Placement Agents, for soliciting purchases of, any of the SharesSecurities, or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person person, other than the Placement Agents, any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither the Company nor any of The Buyer and its Subsidiaries hashave not, and, and to the Company’s knowledge, its knowledge no one acting on its or their behalf has, (i) taken, directly or indirectly, 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 purchase or sale or resale of any of the SharesSecurities, (ii) other than the Agent in connection with this transactions contemplated hereby, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Shares, Securities or (iii) except as set forth other than the Agent in the SEC Documents, soldconnection with this transactions contemplated hereby, 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. Neither the The Company nor any of and its Subsidiaries hashave not, and, and to the Company’s knowledge, its knowledge no one acting on its behalf has, (i) taken, directly or indirectly, 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 SharesSecurities, (ii) other than the Consultant, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the SharesSecurities, or (iii) except as set forth in other than the SEC Documents, soldConsultant, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Neither the The Company nor any of has not, and to its Subsidiaries has, and, to the Company’s knowledge, knowledge no one acting on its behalf has, (i) taken, directly or indirectly, 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 SharesSecurities, or (ii) other than the Agents or pursuant to the Transaction Documents or the Company's engagement agreement with the Agents referred to on Schedule 4.20, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Shares, or (iii) except as set forth in the SEC Documents, sold, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the CompanySecurities.