Common use of Manipulation of Price Clause in Contracts

Manipulation of Price. Investor has not, and to its knowledge (assuming the accuracy of the Company’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 Common Shares, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common Shares, 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. Investor has notNeither the Company nor any of its Subsidiaries has, and and, to its knowledge (assuming the accuracy of the Company’s representations and warranties set forth in Section 3.1 hereof) 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 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. Investor The Company has not, and to its knowledge (assuming the accuracy of the Company’s representations and warranties set forth in Section 3.1 hereof) 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 Common SharesSecurities, (ii) sold, bid for, purchased, or or, paid any compensation for soliciting purchases of, any of the Common SharesSecurities (other than for the placement agent’s placement 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. Investor The Company has not, and to its knowledge (assuming the accuracy of the Company’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 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 SharesSecurities, (ii) other than the Placement Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common SharesSecurities, 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 CompanySecurities.

Manipulation of Price. Investor The Company has not, and to its knowledge (assuming the accuracy Knowledge of the Company’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 Common SharesSecurities, (ii) sold, bid for, purchased, or or, paid any compensation for soliciting purchases of, any of the Common SharesSecurities (other than for the placement agent's placement 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. Investor The Company has not, and to its knowledge (assuming the accuracy of the CompanyInvestor’s representations and warranties set forth in Section 3.1 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) paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Investor The Company has not, and to its knowledge (assuming the accuracy of the Company’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 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 SharesSecurities, (ii) other than the Agent, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common SharesSecurities, or (iii) other than the 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. Investor The Company has not, and to its knowledge (assuming the accuracy of the Company’s Investor's representations and warranties set forth in Section 3.1 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 SharesSecurities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common SharesSecurities, 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. Investor has The Buyer and its Subsidiaries have not, and to its knowledge (assuming the accuracy of the Company’s representations and warranties set forth in Section 3.1 hereof) 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 Common 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 Common Shares, Securities or (iii) other than the Agent in connection 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. Investor has not, and to its knowledge (assuming the accuracy of the Company’s '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 Common SharesSecurities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common SharesSecurities, 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. Investor has notNeither the Parent nor either Company has, and to its knowledge (assuming the accuracy of the Company’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 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 Common SharesSecurities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common SharesSecurities, or (iii) 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. Investor The Company has not, and to its knowledge (assuming the accuracy of the Company’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 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 SharesSecurities, (ii) sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common SharesSecurities, or (iii) 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. Investor The Company has not, and to its knowledge (assuming the accuracy of the Company’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 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 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 Common Shares, or (iii) paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the CompanySecurities.

Manipulation of Price. Investor The Company has not, and to its knowledge (assuming the accuracy of the Company’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 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) other than the 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. Investor has notNeither the Company, any Subsidiary, nor any of their respective officers or directors has, and to its knowledge (assuming the accuracy of the Company’s representations and warranties set forth in Section 3.1 hereof) 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 Common SharesSecurities, (ii) other than the Agents, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common SharesSecurities, or (iii) other than the Agents, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Investor The Company has not, and to its knowledge (assuming the accuracy of the Company’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 Common SharesSecurities, (ii) except as provided for in the Transaction Documents, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common SharesSecurities, or (iii) except as provided for in the Transaction Documents, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Investor has The Company and its Subsidiaries have not, and to its knowledge (assuming the accuracy of the Company’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 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 SharesSecurities, (ii) other than the Consultant, sold, bid for, purchased, or paid any compensation for soliciting purchases of, any of the Common SharesSecurities, or (iii) other than the Consultant, paid or agreed to pay to any person any compensation for soliciting another to purchase any other securities of the Company.

Manipulation of Price. Investor In connection with the sale of the Common Shares, the Company has not, and to its knowledge (assuming the accuracy of the Company’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 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 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 Common SharesSecurities, or (iii) 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.