Common use of Open Short Position Clause in Contracts

Open Short Position. As of the Closing Date, each Purchaser, for itself and its affiliates and any transferee prior to the Effective Date, represents and warrants that it holds no open short positions in the Company's Common Stock. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.