Open Short Position Sample Clauses

Open Short Position. From the date of this Agreement until the filing of the Form 8-K described in SECTION 5.7, such Purchaser represents and warrants that it shall not engage in short sales of the Company's Common Stock, as that term is defined in applicable Commission and NASD rules. The Purchaser further represents and warrants that it will not maintain a negative net short position at any time its Debenture or Warrant is outstanding
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Open Short Position. As of the Closing Date, each Purchaser, for itself and its affiliates and any transferee prior to the Effective Date, represents and warrants that it holds no open short positions in the Company's Common Stock. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.
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Open Short Position. From February 13, 2004 until such time as the transactions contemplated hereunder are publicly announced pursuant to Section 4.7 or otherwise, each Purchaser, for itself only, represents and warrants that neither it, nor any person or entity acting at the direction of such Purchaser, holds, or has held at any time during such period, an open short position in the Company's Ordinary Shares.
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Open Short Position. As of the date hereof, each Purchaser, for itself only, represents and warrants that neither it, nor any person or entity acting at the direction of such Purchaser, holds an open short position in the Company's Common Stock.
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Open Short Position. As of March 8, 2004, each Purchaser, for itself only, represents and warrants that neither it, nor any person or entity acting at the direction of such Purchaser, holds an open short position in the Company's Common Stock. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.
Sample 1
Open Short Position. Each Purchaser, for itself only, ------------------- represents and warrants that (i) as of April 8, 2004, neither it, any of its Affiliates nor any person or entity acting at the direction of such Purchaser, holds an open short position in the Common Stock, and (ii) confirms that it acknowledges and understands that it may not directly cover a short sale made prior to the Effective Date with shares of Common Stock registered for resale by such Purchaser on the Registration Statement.
Sample 1
Open Short Position. Leongatha, represents and warrants that as of the date first set forth also, neither it, any of its Affiliates nor any person or entity acting at the direction of Leongatha, holds an open short position in Endeavor’s Common Stock.
Sample 1
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Related to Open Short Position

  • Current Assets The term "Current Assets" shall mean, with respect to the Company, cash and other assets that are expected to be converted into cash, sold or exchanged within one year from the Closing Date, including marketable securities, receivables, inventory and current prepayments .

  • Prohibited Transactions Since the earlier of (a) such time as such Investor was first contacted by the Company or any other Person acting on behalf of the Company regarding the transactions contemplated hereby or (b) thirty (30) days prior to the date hereof, neither such Investor nor any Affiliate of such Investor which (x) had knowledge of the transactions contemplated hereby, (y) has or shares discretion relating to such Investor’s investments or trading or information concerning such Investor’s investments, including in respect of the Securities, or (z) is subject to such Investor’s review or input concerning such Affiliate’s investments or trading (collectively, “Trading Affiliates”) has, directly or indirectly, effected or agreed to effect any short sale, whether or not against the box, established any “put equivalent position” (as defined in Rule 16a-1(h) under the 0000 Xxx) with respect to the Common Stock, granted any other right (including, without limitation, any put or call option) with respect to the Common Stock or with respect to any security that includes, relates to or derived any significant part of its value from the Common Stock or otherwise sought to hedge its position in the Securities (each, a “Prohibited Transaction”). Prior to the earliest to occur of (i) the termination of this Agreement, (ii) the Effective Date or (iii) the Effectiveness Deadline, such Investor shall not, and shall cause its Trading Affiliates not to, engage, directly or indirectly, in a Prohibited Transaction. Such Investor acknowledges that the representations, warranties and covenants contained in this Section 5.11 are being made for the benefit of the Investors as well as the Company and that each of the other Investors shall have an independent right to assert any claims against such Investor arising out of any breach or violation of the provisions of this Section 5.11.

  • ACCUMULATION UNIT VALUE The initial accumulation unit value of each Sub-Account was established at $10. The accumulation unit value of a Sub-Account on a Valuation Date is calculated by multiplying the accumulation unit value as of the immediately preceding Valuation Date by the net investment factor as described in the Net Investment Factor provision below. The dollar value of an Accumulation Unit will vary in amount depending on the investment experience of the Portfolio and charges taken from the Sub-Account.

  • ERISA Compliance; Excess Parachute Payments The Parent does not, and since its inception never has, maintained, or contributed to any “employee pension benefit plans” (as defined in Section 3(2) of ERISA), “employee welfare benefit plans” (as defined in Section 3(1) of ERISA) or any other Parent Benefit Plan for the benefit of any current or former employees, consultants, officers or directors of Parent.

  • Prohibited Transaction Prohibited Transaction" means a "prohibited transaction" within the meaning of Section 406 of ERISA or Section 4975(c)(1) of the Internal Revenue Code.

  • Clean-Up Period (a) Notwithstanding any other provision of any Finance Document:

  • Reportable Transaction The Borrower does not intend to treat the Advances and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event the Borrower determines to take any action inconsistent with such intention, it will promptly notify the Agent thereof.

  • No Release; Return or Destruction Each Party agrees not to release or disclose, or permit to be released or disclosed, any information addressed in Section 6.9(a) to any other Person, except its Representatives who need to know such information in their capacities as such (who shall be advised of their obligations hereunder with respect to such information), and except in compliance with Section 6.10. Without limiting the foregoing, when any such information is no longer needed for the purposes contemplated by this Agreement or any Ancillary Agreement, and is no longer subject to any legal hold or other document preservation obligation, each Party will promptly after request of the other Party either return to the other Party all such information in a tangible form (including all copies thereof and all notes, extracts or summaries based thereon) or notify the other Party in writing that it has destroyed such information (and such copies thereof and such notes, extracts or summaries based thereon); provided, that the Parties may retain electronic back-up versions of such information maintained on routine computer system backup tapes, disks or other backup storage devices; provided further, that any such information so retained shall remain subject to the confidentiality provisions of this Agreement or any Ancillary Agreement.

  • Current Value Curtailment....................................................

  • Not Plan Assets; No Prohibited Transactions None of the assets of the Borrower, any other Loan Party or any other Subsidiary constitutes “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder. Assuming that no Lender funds any amount payable by it hereunder with “plan assets,” as that term is defined in 29 C.F.R. 2510.3-101, the execution, delivery and performance of this Agreement and the other Loan Documents, and the extensions of credit and repayment of amounts hereunder, do not and will not constitute “prohibited transactions” under ERISA or the Internal Revenue Code.

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