No Short Sale. You agree not to place an Instruction to short sell Securities (i.e. Securities you do not own)
No Short Sale. Purchasers, on behalf of themselves and their affiliates and the permitted assignee of any Conversion Shares, hereby covenant and agree not to, directly or indirectly, offer to “short sell”, contract to “short sell” or otherwise “short sell” any securities of the Company prior to the Closing Date.
No Short Sale. Subscriber expressly agrees that it shall not, directly or indirectly, through an affiliate (as that term is defined under Rule 405 promulgated under the Act) or by, with or through an unrelated third party or entity, whether or not pursuant to a written or oral understanding, agreement, arrangement, scheme, or artifice of nature whatsoever, engage in the short selling of the Company’s Common Stock or any other equity securities of the Company whether now existing or hereafter issued, or engage in any other activity of any nature whatsoever that has the same affect as a short sale, or is a de facto or de jure short sale, of the Company’s Common Stock or any other equity security of the Company whether now existing or hereafter issued, including but not limited to the sale of any rights pursuant to any understanding, agreement, arrangement, scheme or artifice of any nature whatsoever, whether oral or in writing, relative to the Company’s Common Stock or any other equity securities of the Company whether now existing or hereafter created.
No Short Sale. During the term of this Agreement, neither the Manager nor any of its affiliates or subsidiaries shall, for its own account, engage in (i) any short sale of any security of the Company or (ii) any sale of any security of the Company that the Manager does not own or any sale which is consummated by the delivery of a security of the Company borrowed by, or for the account of, the Manager. Notwithstanding the foregoing, these restrictions shall not apply to bona fide transactions executed by the Manager or any of its affiliates or subsidiaries on behalf and at the direction of any third-party customer accounts.
No Short Sale. As long as any NJJ Shareholders owns any Tricell Shares, including any Escrow Shares which have not been transferred to the Company pursuant to Section 3 of this Agreement, no NJJ Shareholder shall:
(i) Engage in any short sale, including a so-called sale against the box, of the Common Stock, or
(ii) Lend any shares of Common Stock, or permit any shares of Common Stock to be used, for the purpose of enabling any other person to engage in any short sale or sale against the box with respect to the Common Stock.
No Short Sale. Neither the Purchaser nor its affiliates has any open short position in the Ordinary Shares or the ADSs, nor has the Purchaser entered into any hedging transaction that establishes a net short position with respect to the Ordinary Shares or ADSs, and the Purchaser agrees that it shall not, and that it will cause its affiliates not to, engage in any short sales or hedging transactions with respect to the Ordinary Shares or ADSs. The Purchaser is aware that Short Sales and other hedging activities may be subject to applicable federal and state securities laws, rules and regulations and the Purchaser acknowledges that the responsibility of compliance with any such federal or state securities laws, rules and regulations is solely the responsibility of the Purchaser.
No Short Sale. Each of the Holders hereby agrees that, upon the exchange of the Notes, during the terms of the Notes, it shall not engage in any Short Sale relating to the Exchange Shares.
No Short Sale. Neither the Purchaser nor its affiliates has any open short position in the Ordinary Shares or the ADSs, nor has the Purchaser entered into any hedging transaction that establishes a net short position with respect to the Ordinary Shares or ADSs, and the Purchaser agrees that it shall not, and that it will cause its affiliates not to, engage in any short sales (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) or hedging transactions with respect to the Ordinary Shares or ADSs. The Purchaser is aware that short sales and other hedging activities may be subject to applicable federal and state securities laws, rules and regulations and the Purchaser acknowledges that the responsibility of compliance with any such federal or state securities laws, rules and regulations is solely the responsibility of the Purchaser.
No Short Sale. The Subscriber expressly agrees that until such time that it has sold all of the Securities that it shall not, directly or indirectly, through an affiliate (as that term is defined under Rule 405 promulgated under the Securities Act) or by, with or through an unrelated third party or entity, whether or not pursuant to a written or oral understanding, agreement, arrangement, scheme, or artifice of nature whatsoever, engage in the short selling of the Company's Common Stock or any other equity securities of the Company, whether now existing or hereafter issued, or engage in any other activity of any nature whatsoever that has the same effect as a short sale, or is a de facto or de jure short sale, of the Company's Common Stock or any other equity security of the Company, whether now existing or hereafter issued, including, but not limited to, the sale of any rights pursuant to any understanding, agreement, arrangement, scheme or artifice of any nature whatsoever, whether oral or in writing, relative to the Company's Common Stock or any other equity securities of the Company whether now existing or hereafter created.
