Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 10(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any # “short sale” (as such term is defined in [Section 242.200] of Regulation SHO of the 1934 Act) of the Common Stock or # hedging transaction, which establishes a net short position with respect to the Common Stock or any other of the Company’s securities.
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