Common use of NO SHORT SALES OF THE COMMON STOCK Clause in Contracts

NO SHORT SALES OF THE COMMON STOCK. So long as (i) a Buyer or any of its affiliates beneficially owns any of Series E Preferred Shares, (ii) the Company has not issued any publicly traded convertible securities and (iii) the Issuer is not in material default under the terms of the Series E Preferred Shares, each Buyer and its affiliates shall not directly or indirectly engage in any short sales or third party short sales of the Company's Common Stock or hold a "put equivalent position" with respect to the Common Stock (as defined in Rule 16a-1 under the 1934 Act).

NO SHORT SALES OF THE COMMON STOCK. So long as (i) a Buyer or any of its affiliates beneficially owns any of Series E A Preferred Shares, (ii) the Company has not issued any publicly traded convertible securities and (iii) the Issuer is not in material default under the terms of the Series E A Preferred Shares, each Buyer and its affiliates shall not directly or indirectly engage in any short sales or third party short sales of the Company's Common Stock or hold a "put equivalent position" with respect to the Common Stock (as defined in Rule 16a-1 under the 1934 Act).

NO SHORT SALES OF THE COMMON STOCK. So long as (i) a Buyer or any of its affiliates beneficially owns any of Series E C Preferred Shares, (ii) the Company has not issued any publicly traded convertible securities and (iii) the Issuer is not in material default under the terms of the Series E C Preferred Shares, each Buyer and its affiliates shall not directly or indirectly engage in any short sales or third party short sales of the Company's Common Stock or hold a "put equivalent position" with respect to the Common Stock (as defined in Rule 16a-1 under the 1934 Act).

NO SHORT SALES OF THE COMMON STOCK. So long as (i) a Buyer or any of its affiliates beneficially owns any of Series E D Preferred Shares, (ii) the Company has not issued any publicly traded convertible securities and (iii) the Issuer is not in material default under the terms of the Series E D Preferred Shares, each Buyer and its affiliates shall not directly or indirectly engage in any short sales or third party short sales of the Company's Common Stock or hold a "put equivalent position" with respect to the Common Stock (as defined in Rule 16a-1 under the 1934 Act).