Common use of Limitation on Short Sales Clause in Contracts

Limitation on Short Sales. The Investor and its Affiliates shall not engage in or cause others on its behalf to engage in sales of the Company's Common Stock for which the Investor does not have the right or duty to purchase shares from the Company to cover such sales; provided, however, that the Investor may enter into any short exempt sale or any short sale or other hedging or similar arrangement it deems appropriate with respect to Put Shares and Warrants after it receives a Put Notice so long as such sales or arrangements do not involve more than the number of such Put Shares or Warrants that the Investor has a right or duty to purchase from the Company.

Limitation on Short Sales. The Investor and its Affiliates shall not engage in or cause others on its behalf to engage in sales of the Company's Common Stock for which the Investor does not have the right or duty to purchase shares from the Company to cover such sales; provided, however, that the Investor may enter into any short exempt sale or any short sale or other hedging or similar arrangement it deems appropriate with respect to Put Shares and Warrants after it receives a Put Notice so long as such sales or arrangements do not involve more than the number of such Put Shares or Warrants that the Investor has a right or duty to purchase from the Company.