Trading Activities. The Investor’s trading activities with respect to the Common Shares shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market. Neither the Investor nor its affiliates has any open short position in the Common Shares, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common Shares, and the Investor 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 Common Shares; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell (a) the Common Shares to be issued to the Investor pursuant to the Advance Notice prior to receiving such Common Shares, or (b) other Common Shares issued or sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long position.
Appears in 8 contracts
Samples: Purchase Agreement (Australian Oilseeds Holdings LTD), Purchase Agreement (Bloomios, Inc.), Purchase Agreement (Bloomios, Inc.)
Trading Activities. The Investor’s trading activities with respect to the Common Shares shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market. Neither the Investor nor its affiliates has any open short position in the Common Shares, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common Shares, and the Investor 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 Common Shares; provided that the Company acknowledges and agrees that upon receipt delivery of an Advance a Purchase Notice the Investor has the right to sell (a) the Common Shares to be issued to the Investor pursuant to the Advance Purchase Notice prior to receiving such Common Shares, or (b) other Common Shares issued or sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long position.
Appears in 7 contracts
Samples: Prepaid Advance Agreement (Canoo Inc.), Pre Paid Advance Agreement (Canoo Inc.), Pre Paid Advance Agreement (Reborn Coffee, Inc.)
Trading Activities. The Investor’s trading activities with respect to the Common Shares shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market. Neither the Investor nor its affiliates has any open short position in the Common Shares, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common Shares, and the Investor 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 Common Shares; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell (a) the Common Shares to be issued to the Investor pursuant to the Advance Notice prior to receiving such Common Shares, or (b) other Common Shares issued or sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long position.
Appears in 7 contracts
Samples: Standby Equity Purchase Agreement (Eos Energy Enterprises, Inc.), Standby Equity Purchase Agreement (Romeo Power, Inc.), Standby Equity Purchase Agreement (Medalist Diversified REIT, Inc.)
Trading Activities. The Investor’s trading activities with respect to the Common Shares Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal MarketMarket on which the Common Stock is listed or traded. Neither the Investor nor its affiliates has any open short position in the Common SharesStock, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common SharesStock, and the Investor 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 Common SharesStock; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell (a) the Common Shares shares to be issued to the Investor pursuant to the Advance Notice prior to receiving such Common Shares, or (b) other Common Shares issued or sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long positionshares.
Appears in 6 contracts
Samples: Standby Equity Distribution Agreement (Cannabics Pharmaceuticals Inc.), Standby Equity Distribution Agreement (Investview, Inc.), Investment Agreement (Meridian Waste Solutions, Inc.)
Trading Activities. The Investor’s trading activities with respect to the Common Shares shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market or Trading Market. Neither the Investor nor its affiliates has any open short position in the Common Shares, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common Shares, and the Investor 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 Common Shares; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell (a) the Common Shares to be issued to the Investor pursuant to the Advance Notice prior to receiving such Common Shares, or (b) other Common Shares issued or sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long position.
Appears in 5 contracts
Samples: Purchase Agreement (Scienture Holdings, Inc.), Purchase Agreement (Safe & Green Development Corp), Purchase Agreement (Cero Therapeutics Holdings, Inc.)
Trading Activities. The Investor’s trading activities with respect to the Common Shares shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market. Neither the Investor nor its affiliates has any open short position in the Common Shares, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common Shares, and the Investor 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 Common Shares; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell (a) the Common Shares to be issued to the Investor pursuant to the Advance Notice prior to receiving such Common Sharesshares, or (b) other Common Shares issued or sold by of the Company to Investor pursuant to this Agreement and which the Company has continuously held that it holds as a long position.
Appears in 3 contracts
Samples: Standby Equity Distribution Agreement (Ideanomics, Inc.), Standby Equity Distribution Agreement (Ideanomics, Inc.), Standby Equity Distribution Agreement (Ideanomics, Inc.)
Trading Activities. The Investor’s trading activities with respect to the Common Shares Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal MarketMarket on which the Common Stock is listed or traded. Neither the Investor nor its affiliates has any open short position in the Common SharesStock, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common SharesStock, and the Investor 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 Common SharesStock; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell (a) the Common Shares to be issued to the Investor pursuant to the Advance Notice prior to receiving such Common Shares, Shares or (b) other shares of Common Shares issued or sold by Stock of the Company to Investor pursuant to this Agreement and which the Company has continuously held that it holds as a long position.
Appears in 3 contracts
Samples: Standby Equity Distribution Agreement (Generation Alpha, Inc.), Standby Equity Distribution Agreement (Leafbuyer Technologies, Inc.), Standby Equity Distribution Agreement (Micronet Enertec Technologies, Inc.)
Trading Activities. The Investor’s trading activities with respect to the Common Ordinary Shares shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market. Neither the Investor nor its affiliates has any open short position in the Common Ordinary Shares, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common Ordinary Shares, and the Investor 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 Common Ordinary Shares; provided that the Company acknowledges and agrees that upon receipt delivery of an Advance Notice the Investor has the right to sell (a) the Common Advance Shares to be issued to the Investor pursuant to the Advance Notice prior to receiving such Common Advance Shares, or (b) other Common Ordinary Shares issued or sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long position.
Appears in 2 contracts
Samples: Standby Equity Purchase Agreement (Taoping Inc.), Standby Equity Purchase Agreement (Taoping Inc.)
Trading Activities. The Investor’s trading activities with respect to the Common Shares shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market. Neither the Investor nor its affiliates has any open short position in the Common Shares, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common Shares, and the Investor 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 Common Shares; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell (a) the Common Shares to be issued to the Investor pursuant to the Advance Notice prior to receiving such Common Shares, or (b) other Common Shares issued or sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long position.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (NLS Pharmaceutics Ltd.)
Trading Activities. The Investor’s trading activities with respect to the Common Shares Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market or Trading Market. Neither the Investor nor its affiliates has any open short position in the Common SharesStock, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common SharesStock, and the Investor 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 Common SharesStock; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell (a) the Common Shares Stock to be issued to the Investor pursuant to the Advance Notice prior to receiving such shares of Common SharesStock, or (b) other shares of Common Shares Stock issued or sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long position.
Appears in 1 contract
Samples: Purchase Agreement (Focus Impact Acquisition Corp.)
Trading Activities. The Investor’s trading activities with respect to the Common Shares Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market. Neither the Investor nor its affiliates has any open short position in the Common SharesStock, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common SharesStock, and the Investor 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 Common SharesStock; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell (a) the Common Shares Stock to be issued to the Investor pursuant to the Advance Notice prior to receiving such Common SharesStock, or (b) other Common Shares Stock issued or sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long position.
Appears in 1 contract
