No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 137 contracts
Samples: Purchase Agreement (Humacyte, Inc.), Strata Purchase Agreement (iCoreConnect Inc.), Purchase Agreement (Zapata Computing Holdings Inc.)
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 64 contracts
Samples: Purchase Agreement (Westwater Resources, Inc.), Purchase Agreement (Phunware, Inc.), Purchase Agreement (Kiora Pharmaceuticals Inc)
No Short Selling. 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 Rule 200 Section 242.200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 14 contracts
Samples: Purchase Agreement (Lightwave Logic, Inc.), Purchase Agreement (Juhl Wind, Inc), Purchase Agreement (Juhl Wind, Inc)
No Short Selling. The Investor represents and warrants to the Company that at no time prior to the date of this Agreement has the Investor or 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 7 contracts
Samples: Purchase Agreement (Dare Bioscience, Inc.), Securities Purchase Agreement (iBio, Inc.), Purchase Agreement (Leap Therapeutics, Inc.)
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock, and will not engage in short sales during the term of this Agreement.
Appears in 6 contracts
Samples: Purchase Agreement (Westmountain Gold, Inc.), Purchase Agreement (Baxano Surgical, Inc.), Purchase Agreement (Westmountain Gold, Inc.)
No Short Selling. The Investor represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Investor, or any of 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockShares.
Appears in 5 contracts
Samples: Purchase Agreement (Altamira Therapeutics Ltd.), Purchase Agreement (Auris Medical Holding AG), Purchase Agreement (Auris Medical Holding AG)
No Short Selling. 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 agentsagents (in their capacities as such), representatives or affiliates (in their capacities as such) engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “"short sale” " (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which transaction that establishes a net short position with respect to the Common Stock.
Appears in 4 contracts
Samples: Purchase Agreement (Cognition Therapeutics Inc), Purchase Agreement (Marker Therapeutics, Inc.), Purchase Agreement (Zynerba Pharmaceuticals, Inc.)
No Short Selling. 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 agentsagents (in their capacities as such), representatives or affiliates (in their capacities as such) engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which transaction that establishes a net short position with respect to the Common Stock.
Appears in 4 contracts
Samples: Purchase Agreement (Enveric Biosciences, Inc.), Purchase Agreement (Enveric Biosciences, Inc.), Purchase Agreement (Advent Technologies Holdings, Inc.)
No Short Selling. 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 Rule 200 Section 242.200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 3 contracts
Samples: Purchase Agreement (Provectus Pharmaceuticals Inc), Purchase Agreement (Cytomedix Inc), Purchase Agreement (Cytomedix Inc)
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock American Depositary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockAmerican Depositary Shares.
Appears in 3 contracts
Samples: Purchase Agreement (Evaxion Biotech a/S), Purchase Agreement (Stealth BioTherapeutics Corp), Purchase Agreement (Rediff Com India LTD)
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockShares.
Appears in 3 contracts
Samples: Purchase Agreement (Oncolytics Biotech Inc), Purchase Agreement (Cardiome Pharma Corp), Purchase Agreement (Oncolytics Biotech Inc)
No Short Selling. 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, and shall not engage in or effect, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock (excluding transactions properly marked “short exempt”) or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 3 contracts
Samples: Purchase Agreement (Agrify Corp), Purchase Agreement (Alpine 4 Holdings, Inc.), Purchase Agreement (Logiq, Inc.)
No Short Selling. The Investor represents and warrants to the Company that 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 3 contracts
Samples: Purchase Agreement (Vaccinex, Inc.), Purchase Agreement (Polarityte, Inc.), Purchase Agreement (Alimera Sciences Inc)
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common StockStock and will not engage in any such short sales during the term of this Agreement.
Appears in 3 contracts
Samples: Purchase Agreement (Ecoark Holdings, Inc.), Purchase Agreement (KonaRed Corp), Purchase Agreement (KonaRed Corp)
No Short Selling. 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, and shall not engage in or effect, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock Ordinary Shares (excluding transactions properly marked “short exempt”) or (ii) hedging transaction, which establishes a net short position with respect to the Common StockOrdinary Shares.
Appears in 3 contracts
Samples: Purchase Agreement (SRIVARU Holding LTD), Purchase Agreement (Bit Digital, Inc), Purchase Agreement (Bit Digital, Inc)
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 2 contracts
Samples: Purchase Agreement (Achieve Life Sciences, Inc.), Purchase Agreement (Oncogenex Pharmaceuticals, Inc.)
No Short Selling. The Investor represents and warrants to the Company that at no time prior to the date of this Agreement has the Investor or 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 2 contracts
Samples: Purchase Agreement (Viking Therapeutics, Inc.), Purchase Agreement (Viking Therapeutics, Inc.)
No Short Selling. The Investor represents and warrants to the Company and Apexigen 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 2 contracts
Samples: Purchase Agreement (Brookline Capital Acquisition Corp.), Purchase Agreement (Brookline Capital Acquisition Corp.)
No Short Selling. The Investor represents and warrants to the Company Company, D-Wave, and DPCM 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 2 contracts
Samples: Purchase Agreement (D-Wave Quantum Inc.), Purchase Agreement (DPCM Capital, Inc.)
No Short Selling. The Investor represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Investor, or any of 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockShares.
Appears in 2 contracts
Samples: Purchase Agreement (Auris Medical Holding Ltd.), Purchase Agreement (Auris Medical Holding AG)
No Short Selling. 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 Rule 200 Section 242.200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 2 contracts
Samples: Purchase Agreement (Legend Oil & Gas, Ltd.), Purchase Agreement (Next 1 Interactive, Inc.)
No Short Selling. 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 representatives, or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 2 contracts
Samples: Purchase Agreement (iBio, Inc.), Purchase Agreement (Tenon Medical, Inc.)
No Short Selling. The Investor represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Investor, or any of 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 1 contract
Samples: Purchase Agreement (Biolargo, Inc.)
No Short Selling. 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 agentsagents (in their capacities as such), representatives (in their capacities as such) or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “"short sale” " (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which transaction that establishes a net short position with respect to the Common Stock.
Appears in 1 contract
Samples: Purchase Agreement (PaxMedica, Inc.)
No Short Selling. The Such Investor represents and warrants to the Company that (i) at no time prior to the date of this Agreement has such Investor or any of the Investor, its agents, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (iA) “"short sale” " (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (iiB) hedging transaction, which establishes a net short position with respect to the Common Stock, and (ii) neither such Investor nor any of its agents, representatives or affiliates shall engage in any of the aforementioned transactions in clause (i) hereof at any time beginning on the date of this Agreement.
Appears in 1 contract
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common StockStock ((i) or (ii), “Short Sales”).
Appears in 1 contract
Samples: Purchase Agreement (Stemcells Inc)
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock, and will not engage in such short sales or hedging transactions involving the Company’s Common Stock during the term of this Agreement.
Appears in 1 contract
No Short Selling. 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 any: (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock Shares; or (ii) hedging transaction, which establishes a net short position with respect to the Common StockShares.
Appears in 1 contract
Samples: Purchase Agreement (Cybin Inc.)
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockShares.
Appears in 1 contract
No Short Selling. The Investor represents and warrants to the Company and Cepton 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 1 contract
Samples: Purchase Agreement (Growth Capital Acquisition Corp.)
No Short Selling. 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 agentsagents (in their capacities as such), representatives (in their capacities as such) or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “"short sale” " (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which transaction that establishes a net short position with respect to the Common Stock. 4.
Appears in 1 contract
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 1 contract
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock. 4.
Appears in 1 contract
No Short Selling. 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, and shall not engage in or effect, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock Shares (excluding transactions properly marked “short exempt”) or (ii) hedging transaction, which establishes a net short position with respect to the Common StockShares.
Appears in 1 contract
No Short Selling. 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 Rule 200 Section 242.200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 1 contract
Samples: Purchase Agreement (Regenerx Biopharmaceuticals Inc)
No Short Selling. 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 260613514 v9 in or effected, in any manner whatsoever, directly or indirectly, any (i) “"short sale” " (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 1 contract
No Short Selling. The Investor represents and warrants to the Company and Xxxxxx 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 Rule 200 of Regulation SHO of the Exchange Act) of the Class A Ordinary Shares or New Common Stock (as applicable) or (ii) hedging transaction, which establishes a net short position with respect to the Class A Ordinary Shares or New Common StockStock (as applicable).
Appears in 1 contract
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock, and will not engage in short sales during the term of this Agreement.
Appears in 1 contract
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock, and will not engage in such short sales or hedging transactions during the term of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Histogen Inc.)
No Short Selling. The Investor Buyer represents and warrants to the Company that at no time prior to the date execution of this Agreement has any of the InvestorBuyer, 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 1 contract
Samples: Securities Purchase Agreement (LGBTQ Loyalty Holdings, Inc.)
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act0000 Xxx) of the Common Stock Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockOrdinary Shares.
Appears in 1 contract
Samples: Securities Purchase Agreement (Parnell Pharmaceuticals Holdings LTD)
No Short Selling. 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockOrdinary Shares.
Appears in 1 contract
No Short Selling. The Investor represents and warrants to the Company that at no time prior to the date of this Agreement Amendment 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 1 contract
No Short Selling. The Investor represents and warrants to the Company that at no time prior to the date of this Agreement Amendment 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 1 contract
No Short Selling. 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 Affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 1 contract
Samples: Purchase Agreement (Amesite Inc.)
No Short Selling. 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 effectedeffected or will engage in or effect, in any manner whatsoever, directly or indirectly, any (i) “"short sale” " (as such term is defined in Rule 200 Section 242.200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
Appears in 1 contract
No Short Selling. 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 Affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Preferred Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Preferred Stock.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Healthcare Trust, Inc.)
No Short Selling. The Investor represents and warrants to the Company that 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 Rule 200 of Regulation SHO of the Exchange Act) of the Common Stock Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockOrdinary Shares.
Appears in 1 contract
