Ordinary Course Brokerage and Trading. Subject to compliance with all applicable securities laws, Nasdaq regulations, no Purchaser shall be prohibited from engaging in its ordinary course brokerage and trading activities in respect of the Company's Common Stock; provided that the personnel engaged in such activities have not been involved with the transactions contemplated hereby and have not been provided with confidential information with respect to the Company.
Ordinary Course Brokerage and Trading. Subject to compliance with all applicable securities laws and Nasdaq regulations, no Purchaser shall be prohibited from engaging in its ordinary course brokerage and trading activities in respect of the Company's Common Stock; PROVIDED that the personnel engaged in such activities have not been involved with the transactions contemplated hereby and have not been provided with confidential information with respect to the Company.
Ordinary Course Brokerage and Trading. Subject to compliance with all applicable securities laws and AMEX regulations, no Purchaser shall be prohibited from engaging in its ordinary course brokerage and trading activities in respect of the Company’s Common Stock.
Ordinary Course Brokerage and Trading. Subject to compliance with all applicable securities laws and the OTCBB and any agreements between the Company and such Purchaser, no Purchaser shall be prohibited from engaging in its ordinary course brokerage and trading activities in respect of the Common Stock; provided, that the personnel engaged in such activities shall not then be in possession of material non-public information with respect to the Company.
Ordinary Course Brokerage and Trading. The Purchaser represents and ------------------------------------- agrees that neither Purchaser, nor any person that is required by internal policy to pre-clear securities transactions with the Purchaser will, enter into any short sales of the Company's common stock, except in connection with an intended sale of common stock, and in such event, only to the extent covered within seven (7) Trading Days of such short sale. In addition, the Purchaser represents and agrees on behalf of itself and each of the persons identified in the preceding sentence that it will not establish a short position or sell any of the Shares during (i) the twenty (20) Trading Day period prior to the one (1) year anniversary of the Primary Closing Date or (ii) the seventy five (75) Trading Days ending on August 28, 2003 and 2006.
Ordinary Course Brokerage and Trading. Subject to compliance with all applicable securities laws and the OTCBB and any agreements between the Company and such Purchaser, no Purchaser shall be prohibited from engaging in its ordinary course brokerage and trading activities in respect of the Common Stock; PROVIDED, that the personnel engaged in such activities shall not then be in possession of material non-public information with respect to the Company.
Ordinary Course Brokerage and Trading. Subject to compliance with --------------------------------------- all applicable securities laws and Nasdaq regulations, no Purchaser shall be prohibited from engaging in its ordinary course brokerage and trading activities in respect of the Company's Ordinary Shares; provided that the personnel engaged -------- in such activities have not been involved with the transactions contemplated hereby and have not been provided with confidential information with respect to the Company. Section 5.8 Publicity. Each Purchaser and the Company will consult with each --------- other before issuing, and provide each other the opportunity to review and comment upon, any press release or other public statements with respect to the transactions contemplated by the Transaction Documents and the GWH Investment and shall not issue any such press release or make any such public statement prior to such consultation, except as may be required by applicable law and provided that each Purchaser shall be entitled to disclose information with respect to its investment in the Company on any reports such Purchaser furnishes to its investors.
Ordinary Course Brokerage and Trading. Xxxxxx Brothers shall not be prohibited from engaging in its ordinary course brokerage and trading activities in respect of the Company's stock (including establishing short positions), provided that the personnel engaged in such activities have not been involved with the transactions contemplated hereby and have not been provided with any confidential information with respect to the Company.
Ordinary Course Brokerage and Trading. Subject to compliance with all applicable securities laws and Nasdaq regulations, the Company acknowledges that the Purchasers may engage in ordinary course brokerage and trading activities in respect of the Company's Common Stock; PROVIDED that the personnel engaged in such activities have not been involved with the transactions contemplated hereby and have not been provided with confidential information with respect to the Company.
Ordinary Course Brokerage and Trading. Subject to compliance with all applicable securities laws, Nasdaq regulations and BSE regulations, no Purchaser shall be prohibited from engaging in its ordinary course brokerage and trading activities in respect of the Company's Common Stock; provided that the personnel engaged in such activities have not been involved with the transactions contemplated hereby and have not been provided with confidential information with respect to the Company; provided further that Purchasers shall not engage in any ordinary course brokerage or trading activities in respect of the Company's Common Stock during the six-month period commencing on the Closing Date, unless the Average Price (as defined in the Certificate of Designation) on any given date as calculated on the basis of 22 consecutive Trading Days rises above 200% of the Conversion Price (as defined in the Certificate of Designation).
