Common use of Open Short Position Clause in Contracts

Open Short Position. Each Purchaser, for itself only, represents and warrants that (i) as of April 8, 2004, neither it, any of its Affiliates nor any person or entity acting at the direction of such Purchaser, holds an open short position in the Common Stock, and (ii) confirms that it acknowledges and understands that it may not directly cover a short sale made prior to the Effective Date with shares of Common Stock registered for resale by such Purchaser on the Registration Statement.

Open Short Position. Each Purchaser, for itself only, ------------------- represents and warrants that (i) as of April 8, 2004, neither it, any of its Affiliates nor any person or entity acting at the direction of such Purchaser, holds an open short position in the Common Stock, and (ii) confirms that it acknowledges and understands that it may not directly cover a short sale made prior to the Effective Date with shares of Common Stock registered for resale by such Purchaser on the Registration Statement.