No Prior Short Selling. At no time prior to the date of this Agreement has any of the Investor, its agents, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the Exchange Act) of the Securities or (ii) hedging transaction, which establishes a net short position with respect to the Securities or any other Company’s securities.
Appears in 2 contracts
Samples: Purchase Agreement (Snail, Inc.), Securities Purchase Agreement (Greenbrook TMS Inc.)
No Prior Short Selling. At no time The Investor has not prior to the date of this Agreement has any of the Investoreither through itself, its agents, representatives or affiliates and/or Affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short saleShort Sale” (as such term is defined in Section 242.200 of Regulation SHO of the Exchange Act) of the Securities shares of Common Stock, or (ii) hedging transaction, which establishes a net short position with respect to the Securities or any other Company’s securitiesshares of Common Stock.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Modular Medical, Inc.), Common Stock Purchase Agreement (Modular Medical, Inc.)
No Prior Short Selling. At The Investor represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Investor, its agents, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “"short sale” " (as such term is defined in Section 242.200 of Regulation SHO of the Exchange Act) Act of the Securities Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Securities or any other Company’s securitiesCommon Stock.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Competitive Technologies Inc)
No Prior Short Selling. At no time The Investor represents that prior to the date of this Agreement has any of the Investor, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “"short sale” " (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the Exchange 1934 Act) of the Securities Common Stock or (ii) hedging transaction, which establishes estxxxxxxxx a net short position with respect to the Securities or any other Company’s securitiesCommon Stock as of the Subscription Date.
Appears in 1 contract
Samples: Credit Agreement (Cyber Digital Inc)
No Prior Short Selling. At no time Investor has not prior to the date of this Agreement has any of the Investoreither through itself, its agents, representatives or affiliates and/or Affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short saleShort Sale” (as such term is defined in Section 242.200 of Regulation SHO of the Exchange Act) ), of the Securities Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Securities or any other Company’s securitiesCommon Stock.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Modular Medical, Inc.)
No Prior Short Selling. At The Investor represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Investor, its agents, representatives or affiliates engaged in or effected, nor has the Investor caused any Person to engage in or effect, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 Rule 200 of Regulation SHO of the Exchange Act) of the Securities Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Securities or any other Company’s securitiesHedging Transaction.
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