Common use of No Prior Short Selling Clause in Contracts

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.

No Prior Short Selling. At no time prior to the date of this Agreement Execution Date 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.

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.

No Prior Short Selling. At no time prior to the date of this Agreement (and at no time prior to any Closing hereunder) 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 Purchase Agreement Securities or any other of the Company’s securities or (ii) hedging transaction, which establishes a net short position with respect to the Purchase Agreement Securities or any other of the Company’s securities.

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 Common Stock or (ii) hedging transaction, transaction which establishes a net short position with respect to the Securities Common Stock or any other Company’s securities.

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.

No Prior Short Selling. At no time prior to the date of this Agreement (and at no time prior to any Closing hereunder) 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 Purchase Agreement Securities or any other of the Company’s securities or (ii) hedging transaction, transaction which establishes a net short position with respect to the Purchase Agreement Securities or any other of the Company’s securities.