Common use of Prohibited Short Sales Clause in Contracts

Prohibited Short Sales. Each Buyer, severally and not jointly, covenants and agrees that neither it, nor any of its Affiliates acting on its behalf or pursuant to any understanding with it, will execute (i) any Short Sales of the Common Stock or (ii) any hedging transaction that establishes a net short position with respect to the Common Stock, in each case during the period commencing with the execution of this Agreement and ending on the date no Preferred Shares remain outstanding; provided, that this provision shall not operate to restrict any Buyer’s trading under any prior securities purchase agreement containing contractual rights that explicitly protects such trading in respect of the previously issued securities. “Short Sales” means all “short sales” as defined in Rule 200 of Regulation SHO under the Exchange Act.

Prohibited Short Sales. Each Buyer, severally and not jointly, covenants and agrees that neither it, nor any of its Affiliates or agents acting on its behalf or pursuant to any understanding with it, will execute (i) any Short Sales of the Class B Common Stock or (ii) any hedging transaction that establishes a net short position with respect to the Class B Common Stock, in each case during the period commencing with the execution of this Agreement and ending on the date no Preferred Shares remain outstanding; provided, that this provision shall not operate to restrict any Buyer’s trading under any prior securities purchase agreement containing contractual rights that explicitly protects such trading in respect of the previously issued securities. “Short Sales” means all “short sales” as defined in Rule 200 of Regulation SHO under the Exchange Act.