Common use of Absence of Manipulation Clause in Contracts

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 18 contracts

Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Portland General Electric Co /Or/)

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Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange 1934 Act, the Company has and its subsidiaries have not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 11 contracts

Samples: Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, neither the Company nor the Operating Partnership, nor any of their respective directors, officers, affiliates or controlling persons, has not taken and or will not take, directly or indirectly, any action designed to or that would constitute or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 11 contracts

Samples: Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to to, or that would constitute or that might reasonably be expected to to, cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 7 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has and the Operating Partnership have not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the The Company has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities; provided that the foregoing shall not prohibit transactions effected in compliance with Regulation M under the 1933 Act.

Appears in 5 contracts

Samples: Underwriting Agreement (Volcom Inc), Underwriting Agreement (Zumiez Inc), Underwriting Agreement (Zumiez Inc)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, neither the Company nor the Operating Partnership has not taken and or will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Chambers Street Properties), Equity Distribution Agreement (Chambers Street Properties), Equity Distribution Agreement (Chambers Street Properties)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, neither the Company nor any affiliate or subsidiary of the Company has not taken and will not nor shall take, directly or indirectly, any action that constituted or will constitute, or any action designed to or that would constitute to, or that might reasonably be expected to cause or result in or constitute, under the Securities Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares or for any other purpose.

Appears in 3 contracts

Samples: Underwriting Agreement (Bidz.com, Inc.), Underwriting Agreement (Bidz.com, Inc.), Underwriting Agreement (Bidz.com, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to to, or that would constitute or that might reasonably be expected to to, cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the SecuritiesShares.

Appears in 3 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Hawaiian Electric Co Inc), Equity Distribution Agreement (Westrock Coffee Co), Equity Distribution Agreement (American States Water Co)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange 1934 Act, the Company has and the Operating Partnership have not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, neither the Company Company, nor any of its directors, officers, affiliates or controlling persons, has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Helix Energy Solutions Group Inc), Equity Distribution Agreement (Helix Energy Solutions Group Inc)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action that is designed to or that would constitute has constituted or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares. For the sake of clarity, actions by the Underwriter or persons acting on its behalf will not constitute direct or indirect action by the Company for purposes of this Section.

Appears in 2 contracts

Samples: Underwriting Agreement (FlexEnergy Green Solutions, Inc.), Underwriting Agreement (FlexEnergy Green Solutions, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has and its subsidiaries have not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 2 contracts

Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.), Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)

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Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Regency Centers Lp), Equity Distribution Agreement (Regency Centers Lp)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action that is designed to or that would constitute has constituted or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares. For the sake of clarity, actions by the Underwriter or member of the selling group or persons acting on any of their behalves will not constitute direct or indirect action by the Company for purposes of this Section 2(k).

Appears in 1 contract

Samples: Underwriting Agreement (Mohawk Group Holdings, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action that is designed to or that would constitute has constituted or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (Willdan Group, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has and, to the Company’s knowledge, its affiliates have not taken and will not taketaken, directly or indirectly, any action that is designed to or that would constitute has constituted or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (A-Mark Precious Metals, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action that constituted, or any action designed to or that would constitute to, or that might reasonably be expected to cause or result in or constitute, under the Securities Act or otherwise, stabilization or manipulation of the price of any security securities of the Company to facilitate the sale or resale of the SecuritiesSecurities or for any other purpose.

Appears in 1 contract

Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.)

Absence of Manipulation. Other than excepted permissible activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action designed to or that would constitute to, or that might reasonably be expected to cause or result in or constitute, under the 1933 Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Guardian Pharmacy Services, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action designed to or that would constitute or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 1 contract

Samples: Equity Distribution Agreement (Astronics Corp)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, during the Prospectus Delivery Period, any action designed to or that would constitute or that which might reasonably be expected to cause or result in in, or that has constituted, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Offered Securities. For the sake of clarity, actions by the Underwriters or persons acting on its behalf will not constitute direct or indirect action by the Company for purposes of this Section.

Appears in 1 contract

Samples: Underwriting Agreement (OMS Energy Technologies Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action that is designed to or that would constitute has constituted or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities. For the sake of clarity, actions by the Underwriter or persons acting on its behalf will not constitute direct or indirect action by the Company for purposes of this Section.

Appears in 1 contract

Samples: Underwriting Agreement (FlexEnergy Green Solutions, Inc.)

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