Restriction on Short Sales. Purchaser represents and warrants to and covenants with the Company that Purchaser has not engaged and will not engage in any short sales of the Company's Common Stock prior to the effectiveness of the Registration Statement, except to the extent that any such short sale is fully covered by shares of Common Stock of the Company other than the Shares.
Appears in 11 contracts
Samples: Common Stock Purchase Agreement (Aviron), Common Stock Purchase Agreement (Bb Biotech Ag), Common Stock Purchase Agreement (Aradigm Corp)
Restriction on Short Sales. Purchaser represents and warrants to and covenants with the Company that neither Purchaser nor its affiliates has not engaged and or will not engage in any short sales of the Company's Common Stock prior to the effectiveness of the Registration Statement, except to the extent that any such short sale is fully covered by shares of Common Stock of the Company other than the Shares.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (North American Scientific Inc), Common Stock Purchase Agreement (Tudor Investment Corp Et Al)
Restriction on Short Sales. Purchaser represents and warrants to and covenants with the Company that Purchaser has not engaged and will not engage in any short sales of the Company's Common Stock prior to the effectiveness of the Shelf Registration StatementStatement described in the Registration Rights Agreement attached hereto as Exhibit G, except to the extent that any such short sale is fully covered by shares of Common Stock of the Company other than the Shares.
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Restriction on Short Sales. The Purchaser represents and warrants to and covenants with the Company that the Purchaser has not engaged and will not engage in any short sales of the Company's Common Stock prior Stock. Each party to this Agreement acknowledges that each Purchaser is a third party beneficiary to the effectiveness of the Registration Statementrepresentations, except to the extent that any such short sale is fully covered warranties and covenants made by shares of Common Stock of the Company each other than the SharesPurchaser under this Section 5.4.
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Restriction on Short Sales. The Purchaser represents and warrants --------------------------- to and covenants with the Company that the Purchaser has not engaged and will not engage in any short sales of the Company's Common Stock prior to the effectiveness of the Registration Statement, except to the extent that any such short sale is fully covered by shares of Common Stock of the Company owned by such Purchaser other than the Shares.
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Restriction on Short Sales. Purchaser represents and warrants to and covenants with the Company that Purchaser has not engaged and will not engage in any short sales of the Company's Common Stock prior to the effectiveness of the Shelf Registration Statement, (as defined below) except to the extent that any such short sale is fully covered by shares of Common Stock of the Company other than the Shares.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Lynx Therapeutics Inc)
Restriction on Short Sales. Purchaser represents and warrants to and covenants with the Company that Purchaser has not engaged and will not engage in any short sales of the Company's ’s Common Stock prior to the effectiveness of the Registration StatementClosing, except to the extent that any such short sale is fully covered by shares of Common Stock of the Company other than the Shares.
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Restriction on Short Sales. The Purchaser represents and warrants to and covenants with the Company that the Purchaser has not engaged and will not engage in any short sales of the Company's Common Stock prior to the effectiveness of the Registration Statement, except to the extent that any such short sale is fully covered by shares of Common Stock of the Company owned by such Purchaser other than the Shares or the Warrant Shares.
Appears in 1 contract
Samples: Purchase Agreement (Vidamed Inc)