EX-10.2
from 8-K
5 pages
During the Period Commencing on the Later of the Date Hereof and the First Day Hereafter on Which All the Other Holders (As Defined Below) Have Duly Executed and Delivered a Leak-Out Agreement Substantially Similar to This Leak-Out Agreement (Other Than the Identity of the Holder and the Permitted Percentage of Trading Volume) (The “Effective Date”) and Ending March 1, 2017 (Such Period, the “Restricted Period”), Neither the Holder, Nor Any Affiliate of Such Holder Which (X) Had or Has Knowledge of the Transactions Contemplated by the Spa, (Y) Has or Shares Discretion Relating to Such Holder’s Investments or Trading or Information Concerning Such Holder’s Investments, Including in Respect of the Securities, or (Z) Is Subject to Such Holder’s Review or Input Concerning Such Affiliate’s Investments or Trading (Together, the “Holder’s Trading Affiliates”), Collectively, Shall Sell Dispose or Otherwise Transfer, Directly or Indirectly, (Including, Without Limitation, Any Sales, Short Sales, Swaps or Any Derivative Transactions That Would Be Equivalent to Any Sales or Short Positions) on Any Trading Day During the Restricted Period (Any Such Date, a “Date of Determination”), Shares of Common Stock (Including, Without Limitation, the Shares or the Warrant Shares Underlying the Warrants Purchased Pursuant to the Spa and/or the Registration Statement) in an Amount More Than __%1 of the Trading Volume of Common Stock on the Principal Trading Market as Reported by Bloomberg, LP for the Applicable Date of Determination; Provided, That the Foregoing Restrictions Shall Not Apply to Any Sales (Whether “Long” or “Short” (Each as Defined in Regulation Sho of the Securities Exchange Act of 1934, as Amended) by the Holder or Any of the Holder’s Trading Affiliates at a Price Greater Than $1.10 (In Each Case, as Adjusted for Stock Splits, Stock Dividends, Stock Combinations, Recapitalizations or Other Similar Events Occurring After the Date Hereof)
12/34/56
