Common use of Hedging Restrictions Clause in Contracts

Hedging Restrictions. Investor and its affiliates agree not to engage in any short sales, swaps, purchasing of puts, or other hedging activities that involve the direct or indirect use of the Common Stock to hedge its investment in the Shares, but the Investor may write call options if the call exercise price is greater than the effective Conversion Price on the day that the call is written. This Section shall not apply to transactions not solicited or directed by Investor and in which Investor has no beneficial interest made on behalf of third-party clients who are not holders of Shares. This Section shall not apply to short sales made within 3 days of Conversion of Shares in amounts not greater than the number of shares issuable upon conversion.

Hedging Restrictions. Investor and its affiliates agree agrees not to engage in any short sales, swaps, purchasing of puts, or other hedging activities that involve the direct or indirect use of the Common Stock to hedge its investment in the Shares, but the . The Investor may write call options if the call at an exercise price is greater not less than the effective lower of the Conversion Price on the day that date the call is written, or the market price on that date. This Section shall not apply to transactions not solicited or directed by Investor and in which Investor has no beneficial interest made on behalf of third-party clients who are not holders of Shares. This Section shall not apply to short sales made within 3 days of Conversion of Shares in amounts not greater than the number of shares issuable issued upon conversion.