Common use of No Short Position Clause in Contracts

No Short Position. During the last thirty (30) days prior to the date hereof, Investor nor any affiliate of Investor, foreign or domestic, has, directly or indirectly, effected or agreed to effect any “short sale” (as defined in Rule 200 under Regulation SHO), whether or not against the box, established any “put equivalent position” (as defined in Rule 16a-1(h) under the 0000 Xxx) with respect to the Company’s common stock, borrowed or pre-borrowed any shares of the Company’s common stock, or granted any other right (including, without limitation, any put or call option) with respect to the Company’s common stock or with respect to any security that includes, relates to or derived any significant part of its value from the Company’s common stock or otherwise sought to hedge its position in the Shares, Warrants and Warrant Shares (each, a “Prohibited Transaction”). Prior to the earliest to occur of (i) the termination of the Offering, (ii) the date the Registration Statement (defined below) is declared effective by the Securities and Exchange Commission (the “SEC”) or (iii) the Required Effective Date (as defined below), Investor shall not, and shall cause its affiliates not to, engage, directly or indirectly, in (a) a Prohibited Transaction nor (b) any sale, assignment, pledge, hypothecation, put, call, or other transfer of any of the Shares, or Warrants or other securities of the Company acquired hereunder.

No Short Position. During the last thirty (30) days prior to the date hereof, Investor nor any affiliate of Investor, foreign or domestic, has, directly or indirectly, effected or agreed to effect any “"short sale” " (as defined in Rule 200 under Regulation SHO), whether or not against the box, established any “"put equivalent position” " (as defined in Rule 16a-1(h) under the 0000 Xxx) with respect to the Company’s 's common stock, borrowed or pre-borrowed any shares of the Company’s 's common stock, or granted any other right (including, without limitation, any put or call option) with respect to the Company’s 's common stock or with respect to any security that includes, relates to or derived any significant part of its value from the Company’s 's common stock or otherwise sought to hedge its position in the Shares, Warrants and Warrant Shares (each, a “"Prohibited Transaction”"). Prior to the earliest to occur of (i) the termination of the Offering, (ii) the date the Registration Statement (defined below) is declared effective by the Securities and Exchange Commission (the “"SEC”") or (iii) the Required Effective Date (as defined below)in the Registration Rights Agreement, Investor shall not, and shall cause its affiliates not to, engage, directly or indirectly, in (a) a Prohibited Transaction nor (b) any sale, assignment, pledge, hypothecation, put, call, or other transfer of any of the Shares, or Warrants or other securities of the Company acquired hereunder.

No Short Position. During the last thirty (30) days prior to the date hereof, Investor nor any affiliate of Investor, foreign or domestic, has, directly or indirectly, effected or agreed to effect any “short sale” (as defined in Rule 200 under Regulation SHO), whether or not against the box, established any “put equivalent position” (as defined in Rule 16a-1(h) under the 0000 1000 Xxx) with respect to the Company’s common stock, borrowed or pre-borrowed any shares of the Company’s common stock, or granted any other right (including, without limitation, any put or call option) with respect to the Company’s common stock or with respect to any security that includes, relates to or derived any significant part of its value from the Company’s common stock or otherwise sought to hedge its position in the Shares, Warrants and Warrant Shares (each, a “Prohibited Transaction”). Prior to the earliest to occur of (i) the termination of the Offering, (ii) the date the Registration Statement (defined below) is declared effective by the Securities and Exchange Commission (the “SEC”) or (iii) the Required Effective Date (as defined below)in the Registration Rights Agreement, Investor shall not, and shall cause its affiliates not to, engage, directly or indirectly, in (a) a Prohibited Transaction nor (b) any sale, assignment, pledge, hypothecation, put, call, or other transfer of any of the Shares, or Warrants or other securities of the Company acquired hereunder.