Common use of Open Short Position Clause in Contracts

Open Short Position. From the date of this Agreement until the filing of the Form 8-K described in SECTION 5.7, such Purchaser represents and warrants that it shall not engage in short sales of the Company's Common Stock, as that term is defined in applicable Commission and NASD rules. The Purchaser further represents and warrants that it will not maintain a negative net short position at any time its Debenture or Warrant is outstanding

Open Short Position. From the date of this Agreement until the filing of the Form 8-K described in SECTION 5.74.7, such Purchaser represents and warrants that it shall not engage in short sales of the Company's Common Stock, as that term is defined in applicable Commission and NASD rules. The Purchaser further represents and warrants that it will not maintain a negative net short position at any time its Debenture or Warrant is outstanding.

Open Short Position. From the date of this Agreement until the filing of the Form 8-K described in SECTION 5.7, such Purchaser represents and warrants that it shall not engage in short sales of the Company's Common Stock, as that term is defined in applicable Commission and NASD rules. The Purchaser further represents and warrants that it will not maintain a negative net short position at any time its Debenture or Warrant is outstanding.