Trading Activities; No Short Sales. Neither the Investor nor any of its affiliates currently has an open short position in the Common Stock. Since the earlier of (a) such time when such Investor was first contacted by the Company or any other person acting on behalf of the Company regarding the transactions contemplated hereby or (b) thirty (30) days prior to the date hereof, neither such Investor nor any affiliate of such Investor which (x) had knowledge of the transactions contemplated hereby, (y) has or shares discretion relating to such Investor’s investments or trading or information concerning such Investor’s investments, including in respect of the Registered Securities, or (z) is subject to such Investor’s review or input concerning such affiliate’s investments or trading (collectively, “Trading Affiliates”) has, directly or indirectly, effected or agreed to effect any Short Sale, whether or not against the box, established any “put equivalent position” (as defined in Rule 16a-1(h) under the Exchange Act) with respect to the Common Stock, granted any other right (including, without limitation, any put or call option) with respect to the Common Stock or with respect to any security that includes, relates to or derived any significant part of its value from the Common Stock or otherwise sought to hedge its position in the Registered Securities.
Trading Activities; No Short Sales. The Purchaser’s trading activities with respect to the Shares shall be in compliance with all applicable federal and state securities laws. Neither the Purchaser nor any of its affiliates currently has an open short position in the Common Stock. Since the earlier of (a) such time when such Purchaser was first contacted by the Company or any other person acting on behalf of the Company regarding the transactions contemplated hereby or (b) thirty (30) days prior to the date hereof, neither such Purchaser nor any affiliate of such Purchaser which (x) had knowledge of the transactions contemplated hereby, (y) has or shares discretion relating to such Purchaser’s investments or trading or information concerning such Purchaser’s investments, including in respect of the Shares, or (z) is subject to such Purchaser’s review or input concerning such affiliate’s investments or trading (collectively, “Trading Affiliates”) has, directly or indirectly, effected or agreed to effect any Short Sale, whether or not against the box, established any “put equivalent position” (as defined in Rule 16a-1(h) under the Exchange Act) with respect to the Common Stock, granted any other right (including, without limitation, any put or call option) with respect to the Common Stock or with respect to any security that includes, relates to or derived any significant part of its value from the Common Stock or otherwise sought to hedge its position in the Shares (each, a “Prohibited Transaction”). For as long as the Purchaser shall hold any Shares, such Purchaser shall not, and shall cause its Trading Affiliates not to, engage, directly or indirectly, in a Prohibited Transaction. Such Purchaser acknowledges that the representations, warranties and covenants contained in this clause (e) are being made for the benefit of the Company and that the Company shall have an independent right to assert any claims against such Purchaser arising out of any breach or violation of the provisions of this paragraph (e).
Trading Activities; No Short Sales. Each Exchanging Holder’s trading activities with respect to the Shares shall be in compliance with all applicable federal and state securities laws. No Exchanging Holder or any of its affiliates has an open short position in the Common Stock. Each Exchanging Holder, whether in its own capacity or through a representative, agent, or affiliate agrees that it will not enter into or effect any “short sales” (as such term is defined in Rule 3b-3 of the Exchange Act) of the Shares or any hedging transaction, including obtaining borrow, which establishes a net short position with respect to the Shares, whether on a U.S. domestic exchange or any foreign exchange. Additionally, each Exchanging Holder further agrees that it shall not, and that it will cause its affiliates not to, engage in any short sales with respect to the Common Stock.
Trading Activities; No Short Sales. Since the time at which the Purchaser was first contacted about the transactions contemplated hereby, the Purchaser has not engaged in any Short Sales involving the Company’s securities. The Investor covenants that it will not engage in any purchases and sales of securities of the Company (including Short Sales) prior to the time that the transactions contemplated by this Agreement are publicly disclosed.
