Common use of Trading Activities; No Short Sales Clause in Contracts

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. The Purchaser’s trading activities with respect to the Shares Securities 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 SharesSecurities, 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 Securities (each, a “Prohibited Transaction”). For as long as the Purchaser shall hold any SharesSecurities, 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 (ef).

Trading Activities; No Short Sales. The Each Purchaser’s 's trading activities with respect to the Shares Company's securities shall be in compliance with all applicable federal and state securities laws. Neither the No 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 's investments or trading or information concerning such Purchaser’s 's investments, including in respect of the SharesSecurities, or (z) is subject to such Purchaser’s 's review or input concerning such affiliate’s 's investments or trading (collectively, “Trading Affiliates”"TRADING AFFILIATES") has, directly or indirectly, effected or agreed to effect any Short Saleshort 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 Securities (each, a “Prohibited Transaction”"PROHIBITED TRANSACTION"). For as long as Prior to the Purchaser shall hold any Sharesearliest to occur of (i) the termination of this Agreement, (ii) the effective date of the registration statement contemplated by the Registration Rights Agreement or (iii) the date by which such registration statement is required to be effective under the Registration Rights Agreement, 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 (ek) are being made for the benefit of the Purchasers as well as the Company and that each of the Company other Purchasers 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 (ek).

Trading Activities; No Short Sales. The Purchaser’s trading activities with respect to the Shares shall Sharesshall 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 SharesSecurities, 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 (ef).

Trading Activities; No Short Sales. The Each Purchaser’s trading activities with respect to the Shares Company’s securities 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 SharesSecurities, 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 Saleshort 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 Securities (each, a “Prohibited Transaction”). For as long as Prior to the Purchaser shall hold any Sharesearliest to occur of (i) the termination of this Agreement, (ii) the effective date of the registration statement contemplated by the Registration Rights Agreement or (iii) the date by which such registration statement is required to be effective under the Registration Rights Agreement, 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 (ek) are being made for the benefit of the Purchasers as well as the Company and that each of the Company other Purchasers 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 (ek).

Trading Activities; No Short Sales. The Each Purchaser’s trading activities with respect to the Shares Company’s securities shall be in compliance with all applicable federal and state securities laws. Neither the No 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 SharesSecurities, or (z) is subject to such Purchaser’s review or input concerning such affiliate’s investments or trading (collectively, ““ Trading AffiliatesAffiliates ”) has, directly or indirectly, effected or agreed to effect any Short Saleshort 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 Securities (each, a ““ Prohibited TransactionTransaction ”). For as long as Prior to the Purchaser shall hold any Sharesearliest to occur of (i) the termination of this Agreement, (ii) the effective date of the registration statement contemplated by the Registration Rights Agreement or (iii) the date by which such registration statement is required to be effective under the Registration Rights Agreement, 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 (ek) are being made for the benefit of the Purchasers as well as the Company and that each of the Company other Purchasers 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 (ek).