Restriction on Short Sales. The Buyers agree that, so long as any of the Notes remain outstanding, but in no event less than two (2) years from the date hereof, the Buyers will not enter into or effect any “short sales” (as such term is defined in Rule 3b-3 of the 0000 Xxx) of the Common Stock or hedging transaction which establishes a net short position with respect to the Common Stock.
Restriction on Short Sales. Purchaser represents and warrants to and covenants with the Company that Purchaser has not engaged and will not engage in any short sales of the Company's Common Stock prior to the effectiveness of the Registration Statement, except to the extent that any such short sale is fully covered by shares of Common Stock of the Company other than the Shares.
Restriction on Short Sales. The Subscriber agrees that, to the extent required by law, it will not enter into or affect any short sale or other hedging transaction with respect to the Company’s Common Stock.
Restriction on Short Sales. The Buyers agree that, so long as any of the Notes remain outstanding, but in no event less than two (2) years from the date hereof, the Buyers will not enter into or effect any "short sales" (as such term is defined in Rule 3b-3 of the 1934 Act) of the Common Stoxx xx xxdging transaction which establishes a net short position with respect to the Common Stock.
Restriction on Short Sales. The Purchaser agrees that, so long as any of the Notes remain outstanding, the Purchaser will not enter into or effect any “short sale” (as such term is defined in Rule 3b-3 of the 1000 Xxx) of the Common Stock or hedging transaction which establishes a net short portion with respect to the Common Stock.
Restriction on Short Sales. Each Buyer agrees that, subject to the exceptions described below, during the period beginning on the Initial Closing Date and ending on but excluding the earlier of (i) the first date on which such Buyer no longer holds any Preferred Shares and (ii) the date which is 180 days after the Initial Closing Date, neither such Buyer nor any of its affiliates shall engage in any transaction constituting a "short sale" (as defined in Rule 3b-3 of the 0000 Xxx) of the Common Stock (collectively, "Short Sales"); provided, however, that each Buyer and its Affiliates are entitled to engage in transactions which constitute Short Sales to the extent that following such transaction the aggregate net short position of such Buyer and its Affiliates does not exceed the sum of (a) the number of shares of Common Stock equal to the aggregate number of Warrant Shares which such Buyer and its Affiliates have the right to acquire upon exercise of the Warrants held by such Buyer and its Affiliates (without regard to any limitations on exercises of the Warrants), plus (b) during the period beginning on and including the First Company's Conversion Election Notice Date (as defined in Section 7 of the Certificate of Designations) and ending on and including the First Company's Election Conversion Date (as defined in Section 7 of the Certificate of Designations), that number of shares of Common Stock equal to the number of shares of Common Stock issuable upon conversion of such Buyer's First Required Conversion Amount (as defined in Section 7 of the Certificate of Designations) (without regard to any limitations on conversions), plus (c) during the period beginning on and including the Second Company's Conversion Election Notice Date (as defined in Section 8 of the Certificate of Designations) and ending on and including the Second Company's Election Conversion Date (as defined in Section 8 of the Certificate of Designations), that number of shares of Common Stock equal to the number of shares of Common Stock issuable upon conversion of such Buyers Second Required Conversion Amount (as defined in Section 8 of the Certificate of Designations) (without regard to any limitations on conversions). Notwithstanding the foregoing, the restriction on Short Sales set forth in the first sentence of this Section 4(o) shall not apply (a) with respect to any Short Sale at a price greater than or equal to the Fixed Conversion Price (as defined in the Certificate of Designations) of the Initial Prefer...
Restriction on Short Sales. The Purchaser represents and warrants to and covenants with the Company that the Purchaser has not engaged and will not engage in any short sales of the Company's Common Stock prior to the effectiveness of the Registration Statement, except to the extent that any such short sale is fully covered by shares of Common Stock of the Company owned by such Purchaser other than the Shares. No Current Ownership. Immediately following the Closing the Purchasers shall not beneficially own (within the meaning o Rule 13d-3 promulgated under the Exchange Act), other than the Shares acquired pursuant to and in accordance with the terms of this Agreement.
Restriction on Short Sales. The Buyers agree that, so long as any of the Debentures remain outstanding, the Buyers will not enter into or effect any "short sale" (as such term is defined in Rule 3b-3 of the 0000 Xxx) of the Common Stock or hedging transaction which establishes a net short portion with respect to the Common Stock.
Restriction on Short Sales. Each Buyer agrees that the Buyer shall not engage in any transaction constituting a "short sale" (as defined in Rule 3b-3 of the 0000 Xxx) of the Common Stock (collectively, "Short Sales"). Notwithstanding the foregoing, the restriction on Short Sales set forth in the first sentence of this Section 4(n) shall not apply (a) on and after any date on which the Common Stock is not listed or quoted on the Bulletin Board, Nasdaq SmallCap or National Market or The New York Stock Exchange, Inc. or has been suspended from trading on any such exchange (excluding suspensions of not more than one day resulting from business announcements by the Company), or any such delisting or suspension is threatened or pending; (b) on or after any date on which there shall have occurred an event constituting a Change of Control or a Triggering Event or an event that with the passage of time and without being cured would constitute a Triggering Event; (c) on or after any date on which there shall have been an announcement of a pending, proposed or intended Change of Control; (d) on or after any date on which the Company issues or sells or is deemed to have issued or sold any Convertible Securities or Options (both as defined in the Certificate of Designations) that are convertible into or exercisable or exchangeable for shares of Common Stock at a conversion or exercise price which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to a fixed price; or (e) with respect to a short sale so long as the Buyer delivers a Conversion Notice (as defined in the Certificate of Designations) within two Business Days of such Short Sale entitling such Buyer to receive a number of shares of Common Stock at least equal to the number of shares of Common Stock sold in such Short Sale.
Restriction on Short Sales. Until the [*] anniversary of the expiration or termination of the Services Agreement, Purchaser shall not engage, and shall ensure that none of its Affiliates engage, (a) in any Short Sales (as defined in Rule 0x- 0 xx xxx Xxxxxxxx Xxx) of Common Stock or (b) any hedging transaction in which the other party to such transaction is reasonably likely to engage in a Short Sale as a direct result of such transaction.
