Common use of Short Sales and Confidentiality Prior To The Date Hereof Clause in Contracts

Short Sales and Confidentiality Prior To The Date Hereof. Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing from the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder (“Discussion Time”). Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). The Purchasers acknowledge that they have read the Prospectus, the Prospectus Supplement, the Registration Statement and the SEC Reports. The Purchasers have not received any written documents that would constitute an offer to sell, or the solicitation of an offer to buy the Securities or that would constitute a prospectus under the Securities Act, other than the Prospectus and the Prospectus Supplement.

Short Sales and Confidentiality Prior To The Date Hereof. Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing from the time that such Purchaser first received a term sheet (written or oral) from the Company or any other 18 Person representing the Company setting forth the material terms of the transactions contemplated hereunder (“Discussion Time”). Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s 's assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s 's assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). The Purchasers acknowledge that they have read the Prospectus, the Prospectus Supplement, the Registration Statement and the SEC Reports. The Purchasers have not received any written documents that would constitute an offer to sell, or the solicitation of an offer to buy the Securities or that would constitute a prospectus under the Securities Act, other than the Prospectus and the Prospectus Supplement.

Short Sales and Confidentiality Prior To The Date Hereof. Other than consummating the transactions contemplated hereunder, such Purchaser has notnot directly or indirectly, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing from the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder until the date hereof (“Discussion Time”), which the Company acknowledges was after 4:00 p.m. Eastern Time on August 8, 2008. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). The Purchasers acknowledge that they have read Notwithstanding the Prospectusforegoing, the Prospectus Supplementfor avoidance of doubt, the Registration Statement and the SEC Reports. The Purchasers have not received any written documents that would nothing contained herein shall constitute an offer to sella representation or warranty, or preclude any actions, with respect to the solicitation identification of an offer the availability of, or securing of, available shares to buy borrow in order to effect short sales or similar transactions in the Securities or that would constitute a prospectus under the Securities Act, other than the Prospectus and the Prospectus Supplementfuture.

Short Sales and Confidentiality Prior To The Date Hereof. Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing from the time that such Purchaser first received a term sheet (written or oral) from the Company or any other 18 Person representing the Company setting forth the material terms of the transactions contemplated hereunder (“Discussion Time”). Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). The Purchasers acknowledge that they have read the Prospectus, the Prospectus Supplement, the Registration Statement and the SEC Reports. The Purchasers have not received any written documents that would constitute an offer to sell, or the solicitation of an offer to buy the Securities or that would constitute a prospectus under the Securities Act, other than the Prospectus and the Prospectus Supplement.

Short Sales and Confidentiality Prior To The Date Hereof. Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing from as of the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms learned of the transactions contemplated hereunder (“Discussion Time”)specific purchase and sale transaction being effected pursuant to this Agreement through the execution of this Agreement on the date first written above. Notwithstanding the foregoing, in the case of a if such Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s 's assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s 's assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with the transaction expressly contemplated by this transaction Agreement (including the existence and terms of this particular transaction). The Purchasers acknowledge Such Purchaser acknowledges that they have it has read the Prospectus, the Prospectus Supplement, the Registration Statement and the SEC Reports. The Purchasers have Such Purchaser has not received any written documents that would constitute an offer to sell, or the solicitation of an offer to buy the specific Securities being sold to such Purchaser pursuant to this Agreement or that would constitute a prospectus under the Securities Act, other than the Prospectus and the Prospectus Supplement.

Short Sales and Confidentiality Prior To The Date Hereof. Other than consummating the transactions contemplated hereunder, such Purchaser Buyer has not, nor has any Person acting on behalf of or pursuant to any understanding with such PurchaserBuyer, directly or indirectly executed any purchases or sales, including Short Salesshort sales, of the securities of the Company during the period commencing from the time that such Purchaser Buyer first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder (“Discussion Time”)until the date hereof. Notwithstanding the foregoing, in the case of a Purchaser Buyer that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such PurchaserBuyer’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such PurchaserBuyer’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities Shares covered by this Agreement. Other than to other Persons party to Except as otherwise explicitly set forth in this Agreement, the Company acknowledges and agrees that the representations contained in this Article II shall not modify, amend or affect such Purchaser has maintained Buyer’s right to rely on the confidentiality of all disclosures made to it Company’s representations and warranties contained in this Agreement or any representations and warranties contained in any other Transaction Document or any other document or instrument executed and/or delivered in connection with this transaction (including the existence and terms of this transaction). The Purchasers acknowledge that they have read the Prospectus, the Prospectus Supplement, the Registration Statement and the SEC Reports. The Purchasers have not received any written documents that would constitute an offer to sell, Agreement or the solicitation consummation of an offer to buy the Securities transactions contemplated hereby or that would constitute a prospectus under the Securities Act, other than the Prospectus and the Prospectus Supplementthereby.

Short Sales and Confidentiality Prior To The Date Hereof. Other than consummating the transactions contemplated hereunder, such Purchaser Investor has not, nor has any Person acting on behalf of or pursuant to any understanding with such PurchaserInvestor, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing from as of the time that such Purchaser Investor was first received a term sheet (written or oral) from contacted by the Company Company, the Placement Agents or any other Person representing the Company setting forth the material terms of regarding the transactions contemplated hereunder (“Discussion Time”)hereby and ending immediately prior to the date hereof. Notwithstanding the foregoing, in the case of a Purchaser an Investor that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such PurchaserInvestor’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such PurchaserInvestor’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than Such Investor, its Affiliates and, to other Persons party to this Agreementthe knowledge of such Investor, authorized representatives and advisors of such Purchaser has Investor who are aware of the transactions contemplated hereby, maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). The Purchasers acknowledge that they have read Notwithstanding the Prospectusforegoing, the Prospectus Supplementfor avoidance of doubt, the Registration Statement and the SEC Reports. The Purchasers have not received any written documents that would nothing contained herein shall constitute an offer to sella representation or warranty, or preclude any actions, with respect to the solicitation identification of an offer the availability of, or securing of, available shares to buy borrow in order to effect Short Sales or similar transactions in the Securities or that would constitute a prospectus under the Securities Act, other than the Prospectus and the Prospectus Supplementfuture.

Short Sales and Confidentiality Prior To The Date Hereof. Other than consummating the transactions contemplated hereunder, such Purchaser Buyer has not, nor has any Person acting on behalf of or pursuant to any understanding with such PurchaserBuyer, directly or indirectly executed any purchases or sales, including Short Salesshort sales, of the securities of the Company during the period commencing from the time that such Purchaser Buyer first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder until the date hereof (“Discussion Time”). Notwithstanding the foregoing, in the case of a Purchaser Buyer that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such PurchaserBuyer’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such PurchaserBuyer’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to Except as otherwise explicitly set forth in this Agreement, the Company acknowledges and agrees that the representations contained in this Article II shall not modify, amend or affect such Purchaser has maintained Buyer’s right to rely on the confidentiality of all disclosures made to it Company’s representations and warranties contained in this Agreement or any representations and warranties contained in any other Transaction Document or any other document or instrument executed and/or delivered in connection with this transaction (including the existence and terms of this transaction). The Purchasers acknowledge that they have read the Prospectus, the Prospectus Supplement, the Registration Statement and the SEC Reports. The Purchasers have not received any written documents that would constitute an offer to sell, Agreement or the solicitation consummation of an offer to buy the Securities transactions contemplated hereby or that would constitute a prospectus under the Securities Act, other than the Prospectus and the Prospectus Supplementthereby.