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 29 contracts
Samples: Prepaid Advance Agreement (Canoo Inc.), Pre Paid Advance Agreement (Canoo Inc.), Pre Paid Advance Agreement (Reborn Coffee, 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 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 20 contracts
Samples: Equity Purchase Facility Agreement (New Era Helium Inc.), Standby Equity Purchase Agreement (Coeptis Therapeutics Holdings, Inc.), Standby Equity Purchase Agreement (Envirotech Vehicles, 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 AgreementStock.
Appears in 15 contracts
Samples: Common Stock Purchase Agreement (Stardust Power Inc.), Common Stock Purchase Agreement (GCT Semiconductor Holding, Inc.), Common Stock Purchase Agreement (MultiSensor AI Holdings, 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 13 contracts
Samples: Standby Equity Purchase Agreement (NeuroSense Therapeutics Ltd.), Standby Equity Purchase Agreement (Galmed Pharmaceuticals Ltd.), Standby Equity Purchase Agreement (Zapp Electric Vehicles Group 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: Standby Equity Purchase Agreement (SciSparc Ltd.), Standby Equity Purchase Agreement (Taoping Inc.), Standby 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: Standby Equity Subscription Agreement (Antelope Enterprise Holdings LTD), Standby Equity Subscription Agreement (Antelope Enterprise Holdings LTD), Standby 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.), Standby Equity Purchase Agreement (Helbiz, Inc.), Standby 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.
Appears in 3 contracts
Samples: Standby Equity Purchase Agreement (Biote Corp.), Standby Equity Purchase Agreement (Bird Global, Inc.), Standby 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 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, 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: Standby 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, 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.)
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.)
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: Standby 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.
Appears in 1 contract
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 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, 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 1 contract
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 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 1 contract
Samples: Standby Equity Purchase Agreement (Rail Vision 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 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, 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: Standby Equity Purchase Agreement (SaverOne 2014 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 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, 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
