No Price Manipulation. Neither the Company nor any of its subsidiaries, or any of their directors, officers or controlling persons, has taken or will take, directly or indirectly, any action designed to cause or result under the 1934 Act, or otherwise in, or which has constituted or which reasonably might be expected to constitute, the unlawful stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.
No Price Manipulation. Neither the Operating Partnership nor any of its Significant Subsidiaries, nor any of their directors, officers or controlling persons, has taken or will take, directly or indirectly, any action designed to cause or result under the 1934 Act, or otherwise in, or which has constituted or which reasonably might be expected to constitute, the unlawful stabilization or manipulation of the price of any security of the Operating Partnership to facilitate the sale or resale of the Securities.
No Price Manipulation neither the Vendor, its affiliates (as defined in Rule 405 under the Securities Act) nor any persons acting on its or their behalf, directly or indirectly, has taken or will take any action designed to cause or to result in, or that has constituted or which might reasonably be expected to cause or result in, the stabilisation in violation of applicable laws or manipulation of the price of the Relevant Securities or other security of the Company to facilitate the sale or resale of the Sale Shares;
No Price Manipulation. You may not manipulate the price of listed Equipment by any means, including but not limited to using secondary accounts, colluding with third parties, or bidding on your own Equipment. You may not use an alias to place bids on any Equipment you are selling, either directly or indirectly for any reason. Shill Bidding Disqualification. If IronPlanet determines that a Seller or someone associated with a Seller has bid on that seller’s own item, (“shill bidding”), IronPlanet will ban the seller from future use of IronPlanet websites and other Services, IronPlanet will cancel any involved transaction(s) and the Seller will be charged a Shill Bidding Penalty of 25% of the Equipment Auction Closing Price for any involved transaction(s). Arbitration. YOU AGREE TO MEDIATE AND ARBITRATE ANY DISPUTE OR CLAIM BETWEEN OR AMONG YOU AND ANY OTHER REGISTERED USER OF IRONPLANET ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER AGREEMENTS BETWEEN AND AMONG YOU, IRONPLANET AND ANY OTHER REGISTERED USER, ANY SALE OF EQUIPMENT, ANY INSPECTION REPORT OR ANY OTHER TRANSACTION CONTEMPLATED BY SUCH AGREEMENTS INCLUDING, BUT NOT LIMITED TO, ALL CONTRACT AND TORTCLAIMS, STATUTORY CLAIMS, CLAIMS FOR RELIEF WHETHER EQUITABLE OR LEGAL, ISSUES OF ARBITRABILITY, AND DISPUTES ABOUT THE SCOPE OF THIS CLAUSE. DISPUTE RESOLUTION SHALL BE CONDUCTED PURSUANT TO THE FOLLOWING PROCEDURES. BEFORE INITIATING ANY ARBITRATION, THE PARTIES SHALL ENGAGE IN MEDIATION, WHICH IS A PROCESS IN WHICH PARTIES ATTEMPT TO CONFIDENTIALLY RESOLVE ANY DISPUTE BY SUBMITTING IT TO AN IMPARTIAL, NEUTRAL MEDIATOR WHO IS AUTHORIZED TO FACILITATE THE RESOLUTION OF THE DISPUTE BUT WHO IS NOT EMPOWERED TO IMPOSE A SETTLEMENT. MEDIATION SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA, BY A MEDIATOR AFFILIATED WITH JAMS/ENDISPUTE AGREED TO BY THE PARTIES. SHOULD MEDIATION PROVE UNSUCCESSFUL TO RESOLVE THE DISPUTE, AND WITHIN ONE YEAR OF THE DISPUTE ARISING, A PARTY SHALL MAKE A DEMAND FOR ARBITRATION. THE PARTIES SHALL RESOLVE THE DISPUTE THROUGH FINAL AND BINDING ARBITRATION TO BE CONDUCTED PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF JAMS/ENDISPUTE. ARBITRATION SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA. THE PROCEDURAL AND SUBSTANTIVE LAW TO BE APPLIED TO AND IN THE ARBITRATION SHALL BE THE LAW OF THE STATE OF CALIFORNIA, EXCEPT FOR ITS CONFLICT OF LAW PRINCIPLES. THE PARTIES SHALL AGREE ON A SINGLE NEUTRAL ARBITRATOR AFFILIATED WITH JAMS/ENDISPUTE WHO IS A RETIRED JUDGE. THE ARBITRATOR SHALL BE BOUND TO...
No Price Manipulation. Neither the Company nor any of its subsidiaries have taken, nor will the Company or any of its subsidiaries take, directly or indirectly, any action which is designed, or would reasonably be expected, to cause or result in, or which constitutes, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Total Shares or to result in a violation of Regulation M under the Exchange Act;
No Price Manipulation. Parent and the Company will not take, directly or indirectly, any action designed to cause or result in manipulation of the price of the Parent Common Stock in violation of any federal or state securities laws.
No Price Manipulation. None of the Subsidiaries, the Residential Development Corporations or the Operating Partnership, nor any of their directors, officers or controlling persons, has taken or will take, directly or indirectly, any action resulting in a violation of Regulation M under the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), or designed to cause or result under the Exchange Act or otherwise in, or which has constituted or which reasonably might be expected to constitute, the unlawful stabilization or manipulation of the price of any security of the Operating Partnership or facilitation of the sale or resale of the Securities.
No Price Manipulation. Neither the Company nor the Operating Partnership, nor any of their directors, officers or controlling
No Price Manipulation. Except as stated in this Agreement and the Prospectus, such Selling Unitholder has not taken, and will not take, directly or indirectly, any action to or that might reasonably be expected to cause or result in stabilization or manipulation of the price of the Common Units to facilitate the sale or resale of the Firm Units.
No Price Manipulation. The Company will not take, directly or indirectly, any action designed to cause or result in, or that has constituted or might reasonably be expected to constitute, the stabilization or manipulation of the price of any securities of the Company.
