Common use of Absence of Manipulation Clause in Contracts

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 16 contracts

Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp)

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Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange 1934 Act, the Company has and its subsidiaries have not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 10 contracts

Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to to, or that would constitute or that might reasonably be expected to to, cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 7 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has and the Operating Partnership have not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.), Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the The Company has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities; provided that the foregoing shall not prohibit transactions effected in compliance with Regulation M under the 1933 Act.

Appears in 5 contracts

Samples: Underwriting Agreement (Volcom Inc), Underwriting Agreement (Zumiez Inc), Underwriting Agreement (Zumiez Inc)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, neither the Company nor the Operating Partnership has not taken and or will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Chambers Street Properties), Equity Distribution Agreement (Chambers Street Properties), Equity Distribution Agreement (Chambers Street Properties)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the The Company has not taken and will not taketaken, directly or indirectly, any action designed to or that would constitute or that might be reasonably be expected to cause or result in the stabilization or manipulation of the price of the Common Shares or any security other “reference security” (as defined in Rule 100 of Regulation M under the Exchange Act (“Regulation M”)) whether to facilitate the sale or resale of the Securities.Shares or otherwise, and has taken no action which would directly or indirectly violate Regulation M. The Company acknowledges that the Agent may engage in passive market making transactions in the Shares on the Principal Market in accordance with Regulation M.

Appears in 4 contracts

Samples: Open Market Sale (Intellia Therapeutics, Inc.), Intellia Therapeutics, Inc., Intellia Therapeutics, Inc.

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, Neither the Company nor any of its subsidiaries has not taken and will not taketaken, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of the Securities or of any security “reference security” (as defined in Rule 100 of Regulation M under the Exchange Act (“Regulation M”)) with respect to the Securities, whether to facilitate the sale or resale of the Securities.Securities or otherwise, and has taken no action which would directly or indirectly violate Regulation M.

Appears in 4 contracts

Samples: Letter Agreement (Immunovant, Inc.), Underwriting Agreement (Immunovant, Inc.), Letter Agreement (Immunovant, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, neither the Company nor any affiliate or subsidiary of the Company has not taken and will not nor shall take, directly or indirectly, any action that constituted or will constitute, or any action designed to or that would constitute to, or that might reasonably be expected to cause or result in or constitute, under the Securities Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares or for any other purpose.

Appears in 3 contracts

Samples: Underwriting Agreement (Bidz.com, Inc.), Underwriting Agreement (Bidz.com, Inc.), Bidz.com, Inc.

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to to, or that would constitute or that might reasonably be expected to to, cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the SecuritiesShares.

Appears in 3 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Regency Centers Lp), Equity Distribution Agreement (Regency Centers Lp)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, neither the Company Company, nor any of its directors, officers, affiliates or controlling persons, has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Helix Energy Solutions Group Inc), Equity Distribution Agreement (Helix Energy Solutions Group Inc)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange 1934 Act, the Company has and the Operating Partnership have not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security to facilitate the sale or resale of the Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Sunstone Hotel Investors, Inc.), Underwriting Agreement (Sunstone Hotel Investors, Inc.)

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Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action that is designed to or that would constitute has constituted or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares. For the sake of clarity, actions by the Underwriter or persons acting on its behalf will not constitute direct or indirect action by the Company for purposes of this Section.

Appears in 2 contracts

Samples: Underwriting Agreement (FlexEnergy Green Solutions, Inc.), Underwriting Agreement (FlexEnergy Green Solutions, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has and, to the Company’s knowledge, its affiliates have not taken and will not taketaken, directly or indirectly, any action that is designed to or that would constitute has constituted or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (A-Mark Precious Metals, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 1 contract

Samples: Equity Distribution Agreement (American States Water Co)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has and its subsidiaries have not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 1 contract

Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action that is designed to or that would constitute has constituted or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares. For the sake of clarity, actions by the Underwriter or member of the selling group or persons acting on any of their behalves will not constitute direct or indirect action by the Company for purposes of this Section 2(k).

Appears in 1 contract

Samples: Underwriting Agreement (Mohawk Group Holdings, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has and its subsidiaries have not taken and will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.. 12

Appears in 1 contract

Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action that is designed to or that would constitute has constituted or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (Willdan Group, Inc.)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action designed to or that would constitute or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

Appears in 1 contract

Samples: Equity Distribution Agreement (Astronics Corp)

Absence of Manipulation. Other than excepted activity pursuant to Regulation M under the Exchange Act, the Company has not taken and will not taketaken, directly or indirectly, any action that is designed to or that would constitute has constituted or that might would reasonably be expected to cause or result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities. For the sake of clarity, actions by the Underwriter or persons acting on its behalf will not constitute direct or indirect action by the Company for purposes of this Section.

Appears in 1 contract

Samples: Underwriting Agreement (FlexEnergy Green Solutions, Inc.)

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