No Short Position. As of the date hereof, and from the date hereof through the date of the Closing Date, the Investor acknowledges and agrees that it does not and will not (between the date hereof and the Closing Date) engage in any short sale of the Company’s voting stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 4 contracts
Samples: Subscription Agreement (Flux Power Holdings, Inc.), Subscription Agreement (Flux Power Holdings, Inc.), Subscription Agreement (Flux Power Holdings, Inc.)
No Short Position. As of the date hereof, and from the date hereof through the date of the Closing DateClosing, the Investor acknowledges and agrees that it does not and will not (between the date hereof and the Closing Datedate of the Closing) engage in any short sale of the Company’s voting stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 3 contracts
Samples: Unit Subscription Agreement (Flux Power Holdings, Inc.), Unit Subscription Agreement (Flux Power Holdings, Inc.), Unit Subscription Agreement (Flux Power Holdings, Inc.)
No Short Position. As of the date hereof, and from the date hereof through the date as of the Closing Date, the Investor each Purchaser acknowledges and agrees that it does not and will not (between the date hereof and the Closing Date) engage in any short sale of the Company’s voting stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Pacific Grove Capital LP), Common Stock and Warrant Purchase Agreement (Monaker Group, Inc.)
No Short Position. As of the date hereof, and from the date hereof through the date as of the Closing Date, the Investor each Purchaser acknowledges and agrees that it does not and will not (between the date hereof and the Closing Date) engage in any short sale of regarding the Company’s voting stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Common Stock and Warrant Purchase Agreement (EVINE Live Inc.)
No Short Position. As of the date hereof, and from the date hereof through the date as of the Closing Date, the Investor each Member acknowledges and agrees that it does not and will not (between the date hereof and the Closing Date) engage in any short sale of the CompanyBuyer’s voting stock or any other type of hedging transaction involving the CompanyBuyer’s securities (including, without limitation, depositing shares of the CompanyBuyer’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the CompanyBuyer’s securities).
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Agrify Corp), Plan of Merger and Equity Purchase Agreement (Agrify Corp)
No Short Position. As of the date hereof, and from the date hereof through the date as of the applicable Closing Date, the Investor each Purchaser acknowledges and agrees that it does not and will not (between the date hereof and the final Closing Date) engage in any short sale of regarding the Company’s voting stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Common Stock and Warrant Purchase Agreement (iMedia Brands, Inc.)
No Short Position. As of the date hereof, and from the date hereof through the date as of the applicable Closing Date, the Investor each Purchaser acknowledges and agrees that it does not and will not (between the date hereof and the applicable Closing Date) engage in any short sale of the Company’s voting stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Repro Med Systems Inc)
No Short Position. As of the date hereof, and from the date hereof through the date of the Closing DateClosing, the each Investor acknowledges and agrees that it does not and will not (between the date hereof and the Closing Datedate of the Closing) engage in any short sale of the Company’s voting stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 1 contract
Samples: Securities Purchase Agreement (Flux Power Holdings, Inc.)
No Short Position. As of the date hereofEffective Date and the Closing, and from the date hereof through the date of the Closing Date, the Investor acknowledges and agrees that it does not and will not (between the date hereof and the Closing Effective Date) engage in any short sale of regarding the Company’s voting stock Common Stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s Company securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 1 contract
Samples: Securities Purchase Agreement (iMedia Brands, Inc.)
No Short Position. As of the date hereof, and from the date hereof through the date as of the Closing Date, the each Investor acknowledges and agrees that it does not and will not (between the date hereof and the Closing Date) engage in any short sale of the Company’s voting stock Common Stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 1 contract
No Short Position. As of the date hereof, and from the date hereof through the date of the Closing Dateclosing, the Investor Lender acknowledges and agrees that it does not and will not (between the date hereof and the Closing Datedate of the closing) engage in any short sale of the Company’s voting stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 1 contract
Samples: Credit Facility Agreement (Flux Power Holdings, Inc.)
No Short Position. As of the date hereof, and from the date hereof through the date as of the Closing Date, the Investor Purchaser acknowledges and agrees that it does not and will not (between the date hereof and the Closing Date) engage in any short sale of the Company’s voting stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Arena Group Holdings, Inc.)
No Short Position. As of the date hereof, and from the date hereof through the date of the final Closing Date, the Investor each Purchaser acknowledges and agrees that it does not and will not (between the date hereof and the final Closing Date) engage in any short sale of the Company’s voting stock or any other type of hedging transaction involving the Company’s securities (including, without limitation, depositing shares of the Company’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the Company’s securities).
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Location Based Technologies, Inc.)
No Short Position. As of the date hereof, and from the date hereof through the date as of the Closing Date, the Investor each Owner acknowledges and agrees that it does not and will not (between the date hereof and the Closing Date) engage in any short sale of the CompanyBuyer’s voting stock or any other type of hedging transaction involving the CompanyBuyer’s securities (including, without limitation, depositing shares of the CompanyBuyer’s securities with a brokerage firm where such securities are made available by the broker to other customers of the firm for purposes of hedging or short selling the CompanyBuyer’s securities).
Appears in 1 contract
Samples: Merger Agreement (Agrify Corp)
