Common use of No Prior Short Sales Clause in Contracts

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares that remains in effect as of the date of this Agreement.

Appears in 28 contracts

Samples: Prepaid Advance Agreement (Canoo Inc.), Pre Paid Advance Agreement (Canoo Inc.), Advance Agreement (Reborn Coffee, Inc.)

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No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares or (ii) hedging transaction, in either case which establishes a net short position with respect to the Common Shares that remains in effect as of the date of this Agreement.

Appears in 15 contracts

Samples: Pledge Agreement (AGBA Group Holding Ltd.), Equity Purchase Agreement (Trump Media & Technology Group Corp.), Equity Purchase Agreement (AGBA Group Holding Ltd.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal accountaccount or for the account of any of its Affiliates, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares that remains in effect as of the date of this AgreementStock.

Appears in 14 contracts

Samples: Common Stock Purchase Agreement (GCT Semiconductor Holding, Inc.), Common Stock Purchase Agreement (MultiSensor AI Holdings, Inc.), Common Stock Purchase Agreement (Mobix Labs, Inc)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Ordinary Shares or (ii) hedging transaction, in either case which establishes a net short position with respect to the Common Ordinary Shares that remains in effect as of the date of this Agreement.

Appears in 11 contracts

Samples: Equity Purchase Agreement (Zapp Electric Vehicles Group LTD), Share Purchase Agreement (Captivision Inc.), Equity Purchase Agreement (Wearable Devices Ltd.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common Ordinary Shares that remains in effect as of the date of this Agreement.

Appears in 8 contracts

Samples: Equity Purchase Agreement (SciSparc Ltd.), Equity Purchase Agreement (Taoping Inc.), Equity Purchase Agreement (Taoping Inc.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole membershareholder, any of their respective officers, or any entity managed or controlled by the Investor or its sole membershareholder, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Ordinary Shares or (ii) hedging transaction, in either case which establishes a net short position with respect to the Common Ordinary Shares that remains in effect as of the date of this Agreement.

Appears in 6 contracts

Samples: Equity Subscription Agreement (Antelope Enterprise Holdings LTD), Equity Subscription Agreement (Antelope Enterprise Holdings LTD), Equity Subscription Agreement (Antelope Enterprise Holdings LTD)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, officers or any entity managed or controlled by the Investor or its sole member, member engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares that remains in effect as of the date of this Agreement.

Appears in 5 contracts

Samples: Structured Equity Financing Agreement (Society Pass Incorporated.), Equity Purchase Agreement (Helbiz, Inc.), Equity Purchase Agreement (Helbiz, Inc.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, Investor or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares or (ii) hedging transaction, in either case, which establishes a net short position with respect to the Common Shares that remains in effect as of the date of this Agreement.

Appears in 3 contracts

Samples: Share Purchase Agreement (Moolec Science SA), Share Purchase Agreement (Moolec Science SA), Share Purchase Agreement (Vertical Aerospace Ltd.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, officers or any entity managed or controlled by the Investor or its sole member, member engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Class A Common Shares Stock or (ii) hedging transaction, which establishes a net short position with respect to the Class A Common Shares Stock that remains in effect as of the date of this Agreement.. Section 3.11

Appears in 2 contracts

Samples: Equity Purchase Agreement (Bird Global, Inc.), Equity Purchase Agreement (Bird Global, Inc.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares Stock that remains in effect as of the date of this Agreement.

Appears in 2 contracts

Samples: Equity Purchase Agreement (GigCapital5, Inc.), Common Stock Purchase Agreement (Delwinds Insurance Acquisition Corp.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal accountaccount or for the account of any of its Affiliates, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares that remains in effect as of the date of this AgreementOrdinary Shares.

Appears in 2 contracts

Samples: Ordinary Shares Purchase Agreement (Tritium DCFC LTD), Ordinary Shares Purchase Agreement (Pagaya Technologies Ltd.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, officers or any entity managed or controlled by the Investor or its sole member, member engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Class A Common Shares Stock or (ii) hedging transaction, which establishes a net short position with respect to the Class A Common Shares Stock that remains in effect as of the date of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Biote Corp.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, Investor or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares or (ii) hedging transaction, in either case, which establishes a net short position with respect to the Common Shares that remains in effect as of the date of this Agreement.. ​

Appears in 1 contract

Samples: Share Purchase Agreement (Vertical Aerospace Ltd.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal accountaccount or for the account of any of its Affiliates, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares that remains in effect as of the date of this AgreementStock. Section 4.12.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Greenidge Generation Holdings Inc.)

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No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares ADSs or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares ADSs that remains in effect as of the date of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (SaverOne 2014 Ltd.)

No Prior Short Sales. At no time prior to the date of this ofthis Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common Ordinary Shares that remains in effect as of the date of this Agreement.;

Appears in 1 contract

Samples: Equity Purchase Agreement (ETAO International Co., Ltd.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investorsuch Purchaser, any of its sole memberAffiliates, or any of their respective directors, officers, or any entity managed or controlled by the Investor such Purchaser or any of its sole memberAffiliates, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal account, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares Stock that remains in effect as of the date of this Agreement.. 6.16

Appears in 1 contract

Samples: Note Purchase Agreement (Bird Global, Inc.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole member, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal accountaccount or for the account of any of its Affiliates, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares that remains in effect as of the date of this Agreement.Stock. ​

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Monogram Orthopaedics Inc)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, officers or any entity managed or controlled by the Investor or its sole member, member engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal accountaccount or for the account of any of its Affiliates, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common Ordinary Shares that remains in effect as of the date of this Agreement.

Appears in 1 contract

Samples: Ordinary Share Purchase Agreement (Iris Energy LTD)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, or any entity managed or controlled by the Investor or its sole memberInvestor, engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal accountaccount or for the account of any of its Affiliates, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares that remains Ordinary Shares, in effect as each case in violation of the date of this Agreementapplicable law.

Appears in 1 contract

Samples: Ordinary Shares Purchase Agreement (Sono Group N.V.)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, officers or any entity managed or controlled by the Investor or its sole member, member engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal accountaccount or for the account of any of its Affiliates, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares that remains in effect as of the date of this AgreementOrdinary Shares.

Appears in 1 contract

Samples: Ordinary Shares Purchase Agreement (Pivotal Holdings Corp)

No Prior Short Sales. At no time prior to the date of this Agreement has the Investor, its sole member, any of their respective officers, officers or any entity managed or controlled by the Investor or its sole member, member engaged in or effected, in any manner whatsoever, directly or indirectly, for its own principal accountaccount or for the account of any of its Affiliates, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Shares Stock that remains in effect as of the date of this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Eagle Point Income Co Inc.)

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