Covenant of the Subscriber. The Subscriber agrees that neither it nor any of its Subsidiaries or Affiliates will make, and the Subscriber will use its reasonable best efforts to prevent any of its or their respective directors, officers or agents or any person otherwise acting on behalf of any of the foregoing from making, any purchase, offer, sale, short sale, assignment, transfer, pledge, encumbrance, contract to sell, grant of an option to purchase or other disposition of, or enter into any swap relating to, any securities of the Company, or any interest therein, during any period which governs the calculation of the purchase price of any securities of the Company which the Subscriber may have a right to purchase in the future under the terms of this Agreement.
Covenant of the Subscriber. The Subscriber covenants that the -------------------------- Subscriber nor any of its affiliates will not engage in short sales of the common stock of the Company at a time when the last reported bid of the common stock as reported by NASDAQ National Market is less than $7.00 per share.
Covenant of the Subscriber. Provided an Event of Default (as defined in the Note) has not occurred, the Subscriber agrees for himself only that until four years after the Closing Date, the Subscriber will sell common stock of the Company not more than the greater of (i) on any trading day 15% of the trading volume of the Common Stock as reported by the Principal Market for such trading day, and (ii) during any five consecutive trading days not more than 15% of the trading volume of the Common Stock as reported by the Principal Market for such five consecutive trading days. For purposes of this Section 7.2, "short sales" will be considered sales subject to the foregoing sales limitation.
