Common use of No Prior Short Selling Clause in Contracts

No Prior Short Selling. At no time during the 30 days prior to the Closing has the Investor engaged in or effected, in any manner whatsoever, directly or indirectly, in any “short sale” (as such term is defined in Rule 3b-3 of the Exchange Act) of the Common Stock (a “Short Sale”). Prior to the Closing, except as previously disclosed to the Issuer in writing, the Investor has never owned securities of the Issuer.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Axesstel Inc), Stock Purchase Agreement (Axesstel Inc), Stock Purchase Agreement (Axesstel Inc)

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No Prior Short Selling. At no time during the 30 days prior to the Closing has the Investor engaged in or effected, in any manner whatsoever, directly or indirectly, in any "short sale" (as such term is defined in Rule 3b-3 of the Exchange Act) of the Common Stock (a "Short Sale"). Prior to the Closing, except as previously disclosed to the Issuer in writing, the Investor has never owned securities of the Issuer.

Appears in 2 contracts

Samples: Subscription Agreement (Convera Corp), Subscription Agreement (Convera Corp)

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No Prior Short Selling. At no time during the 30 days prior to the Closing has the such Investor engaged in or effected, in any manner whatsoever, directly or indirectly, in any "short sale" (as such term is defined in Rule 3b-3 of the Exchange Act) of the Common Stock (a “Short Sale”"SHORT SALE"). Prior to the Closing, except as previously disclosed to the Issuer in writing, the Investor has never owned securities of the Issuer.

Appears in 1 contract

Samples: Subscription Agreement (Loudeye Corp)

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