Trading Activity. Acquiror Company has not been the subject of any enforcement or other actions which have questioned its compliance with applicable rules (including without limitation Commission rules and regulations) and the applicable trading rules since the inception of its trading on the Over the Counter Bulletin Board in the U.S. (“OTCBB”). To the best of Acquiror Company’s knowledge, its shares are eligible for trading publicly on the OTCBB as of the date of this Agreement. Acquiror Company has received no notice that its common stock is not eligible for quotation and is unaware of any legal encumbrance and contrived encumbrance to suspend, stop or terminate the trading in its shares which could negatively affect its application for being transferred to the Nasdaq National Market in the U.S., provided all substantive listing criteria are otherwise also met by the Company’s business.
Trading Activity. Trading activity in the Account will not be deemed a substitution for the purposes of this Agreement.
Trading Activity. The Purchaser and all persons acting jointly and in concert with the Purchaser have sold short: ☐ _________________ common shares of the Issuer in the previous 90 days and such short sales have not been covered fully as of the date hereof; or ☐ No common shares of the Issuer in the previous 90 days.
Trading Activity. You must monitor the trading activity on your account closely at all times to ensure that you are in agreement with it. If there are any elements within the trading activity in which you are unhappy, you must raise your concerns to your broker in writing immediately. London Stone Securities Ltd does not accept liability for historic trading activity which is looked at in retrospect. Any issues concerns, or complaints must be raised within 30 days of the respective transaction dates.
Trading Activity. The Company has not taken and shall not take, directly or indirectly, any action designed to cause or result in, or which has constituted or which might reasonably be expected to constitute, the stabilization or manipulation of the price of the Common Stock to facilitate the sale of the Shares.
Trading Activity. (a) Prior to the earlier of the Closing Date or the termination of this Agreement, a Holder may dispose of Initial Shares and Interim Shares, if any, as follows: a Holder may (x) sell (i) Initial Shares and Interim Shares via ordinary brokerage transactions at a price (gross of commissions) of at least $1.50 per share or (ii) block trades of Initial Shares and/or Interim Shares into the Trading Market at a price (gross of commissions) of at least $1.50 per share or (y) deliver Initial Shares and Interim Shares to satisfy all or a portion of such Holder’s obligations to deliver Common Stock pursuant to any existing swap arrangements of such Holder. For the avoidance of doubt, (x) a Holder may engage in any short selling of the Company’s securities, establish or increase any “put equivalent position” as defined in Rule 16(a)-1(h) under the Exchange Act, or engage in any other swap or hedging transactions with respect to the Company’s securities; provided, however, that such transaction is at a price (gross of commissions) of at least $1.50 per share; and provided, further, that such transaction is closed out no later than the Closing Date solely by delivery of Common Stock received pursuant to this Agreement and (y) that the restrictions of this Section 5.3(a) shall only apply in respect of transactions entered into after the date hereof.
(b) Except as set forth in Section 5.3(a) or with the prior written consent of the Company, each Holder agrees that neither it nor any of its agents, affiliates or representatives will, from the date hereof until the earlier of the Closing Date or the termination of this Agreement directly or indirectly:
(i) acquire (or propose or agree to acquire), of record or beneficially, by purchase or otherwise, any Common Stock, equity securities, debt securities (other than the Convertible Notes) or assets of the Company or any of its subsidiaries, or rights or options to acquire interests in any of the Company's Common Stock, equity securities, debt securities (other than the Convertible Notes) or assets; or
(ii) engage in any short selling of the Company’s securities, establish or increase any “put equivalent position” as defined in Rule 16(a)-1(h) under the Exchange Act, or engage in any other swap or hedging transactions with respect to the Company’s securities.
(c) Prior to the Closing, the Company shall not effect any exchange requiring an issuance of Shares to any Holder to the extent that such issuance would result in such H...
Trading Activity. Each Subscriber represents that as of the date hereof it does not beneficially own any securities of the Company. Each Subscriber shall not, and shall cause its Affiliates not to, engage, directly or indirectly, in any transactions in the Company’s securities (including, without limitation, any “short sales,” as defined in Rule 200 of Regulation SHO under the Securities Exchange Act of 1934, as amended, involving the Company’s securities) during the period from the date hereof until the Issue Date. Each Subscriber represents that from and on the time each Subscriber became aware of the offering of the Term Loan Common Stock and Warrants, neither it, nor any Affiliate acting on its behalf, has directly or indirectly engaged in any transactions in the Company’s securities (including, without limitation, any short sales).
Trading Activity. In consideration of the agreements herein, Xxxxxx agrees to refrain from selling, pledging, transferring, distributing or otherwise conveying any securities of PSINet Inc. for the 90-day period following the effective date of this Amendment Agreement.
Trading Activity. The Subscriber expressly agrees that until such time that it has sold all of the Series 5 Preferred Stock and/or all of the Conversion Shares 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. The Subscriber agrees that it will not engage, and will cause its affiliates not to engage, in any activity designed to reduce the price of the Company's Common Stock, as quoted on the Boston Stock Exchange or the NASDAQ, in connection with the Subscriber's conversion of any of the Series 5 Preferred Stock. The Subscriber agrees to refrain, and cause its affiliates to refrain, from engaging in, or inducing others to engage in, any activity relating to the Company or Common Stock of the Company that is proscribed under Regulation M promulgated under the Exchange Act.
