Common use of Limitation on Short Sales and Hedging Transactions Clause in Contracts

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 78 contracts

Samples: Common Stock Purchase Agreement (Athersys, Inc / New), Common Stock Purchase Agreement (Valeritas Holdings Inc.), Common Stock Purchase Agreement (NeoStem, Inc.)

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Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 1000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 30 contracts

Samples: Common Stock Purchase Agreement (Transwitch Corp /De), Common Stock Purchase Agreement (Atossa Genetics Inc), Common Stock Purchase Agreement (Liquidmetal Technologies Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 23 contracts

Samples: Common Stock Purchase Agreement (Kingthomason Group Inc), Common Stock Purchase Agreement (Hepalife Technologies Inc), Common Stock Purchase Agreement (Adam Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)11, the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 19 contracts

Samples: Purchase Agreement (Bacterin International Holdings, Inc.), Purchase Agreement (Legend Oil & Gas, Ltd.), Purchase Agreement (Marina Biotech, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)11, the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 18 contracts

Samples: Purchase Agreement (Raptor Pharmaceutical Corp), Purchase Agreement (Lightwave Logic, Inc.), Purchase Agreement (Bio-Path Holdings Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 15 contracts

Samples: Common Stock Purchase Agreement (O2diesel Corp), Common Stock Purchase Agreement (Celsius Holdings, Inc.), Common Stock Purchase Agreement (Neoprobe Corp)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)11, the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 Rule 200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 12 contracts

Samples: Purchase Agreement (Cytomedix Inc), Purchase Agreement (Advanced Cell Technology, Inc.), Purchase Agreement (Soligenix, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 6 contracts

Samples: Common Stock Purchase Agreement (Aksys LTD), Common Stock Purchase Agreement (Global Med Technologies Inc), Common Stock Purchase Agreement (MultiCell Technologies, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer Purchaser agrees that beginning on the date of this Agreement and ending on the date of termination or expiration of this Agreement as provided in Section 11(k)Agreement, the Buyer Purchaser and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 5 contracts

Samples: Common Stock Private Purchase Agreement (Nymox Pharmaceutical Corp), Common Stock Private Purchase Agreement (Nymox Pharmaceutical Corp), Common Stock Private Purchase Agreement (Nymox Pharmaceutical Corp)

Limitation on Short Sales and Hedging Transactions. The Buyer Purchaser agrees that beginning on the date of this Agreement and ending on the date of termination or expiration of this Agreement as provided in Section 11(k)Agreement, the Buyer Purchaser and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 4 contracts

Samples: Common Stock Private Purchase Agreement (Nymox Pharmaceutical Corp), Common Stock Private Purchase Agreement (Nymox Pharmaceutical Corp), Common Stock Private Purchase Agreement (Nymox Pharmaceutical Corp)

Limitation on Short Sales and Hedging Transactions. The Buyer Purchaser agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)11, the Buyer Purchaser and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Delcath Systems, Inc.), Backstop Commitment Purchase Agreement (Delcath Systems, Inc.), Backstop Commitment Purchase Agreement (Delcath Systems, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockShares.

Appears in 4 contracts

Samples: Common Share Purchase Agreement (Aptose Biosciences Inc.), Common Share Purchase Agreement (Titan Medical Inc), Common Share Purchase Agreement (Aptose Biosciences Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer Private Purchaser agrees that beginning on the effective date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)Agreement, the Buyer Private Purchaser and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 4 contracts

Samples: Stock Purchase Agreement and Representations (Xsunx Inc), Stock Purchase Agreement and Representations (Xsunx Inc), Stock Purchase Agreement and Representations (Xsunx Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx1934 Act) of the Common Stock or (ii) hedging transaction, which establishes estxxxxxxxx a net short position with respect to the Common Stock.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Xethanol Corp), Common Stock Purchase Agreement (Samaritan Pharmaceuticals Inc), Common Stock Purchase Agreement (Aastrom Biosciences Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx1934 Act) of the Common Stock or (ii) hedging transaction, which establishes wxxxx xxxablishes a net short position with respect to the Common Stock.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Caminosoft Corp), Copy Common Stock Purchase Agreement (Hemispherx Biopharma Inc), Common Stock Purchase Agreement (Caminosoft Corp)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx1934 Act) of the Common Stock or (ii) hedging transaction, which establishes whixx xxxxxlishes a net short position with respect to the Common Stock.

Appears in 3 contracts

Samples: Copy Common Stock Purchase Agreement (Millenium Holding Group Inc /Az/), Common Stock Purchase Agreement (Walker Financial Corp), Registration Rights Agreement (Probex Corp)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx1934 Act) of the Common Stock or Coxxxx Xxxxx xx (iixx) hedging transactionxxxxxxx xxxxxxxxxxx, which establishes xxxxx xxxxxxxxxxx a net short position with respect to the Common Stock.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Atlantic Technology Ventures Inc), Common Stock Purchase Agreement (Atlantic Technology Ventures Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer ------------------------------------------------------- agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 2 contracts

Samples: Exhibit 99 (Paving Stone Corp), Common Stock Purchase Agreement (Isecuretrac Corp)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 1000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Technology Visions Group Inc), Common Stock Purchase Agreement (Aethlon Medical Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k10(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 1000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common StockStock or any other Company’s securities.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Net Element, Inc.), Common Stock Purchase Agreement (Net Element, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)11, the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 Rule 200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 2 contracts

Samples: Purchase Agreement (Enova Systems Inc), Purchase Agreement Purchase Agreement (Opexa Therapeutics, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock Securities or (ii) hedging transaction, which establishes a net short position with respect to the Common StockSecurities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mereo Biopharma Group PLC), Securities Purchase Agreement (Akari Therapeutics PLC)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 2 contracts

Samples: Purchase Agreement Purchase Agreement (Axion International Holdings, Inc.), Purchase Agreement Purchase Agreement (Xsunx Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k10(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 1000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common StockStock or any other of the Company’s securities.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Lm Funding America, Inc.), Common Stock Purchase Agreement (Lm Funding America, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 1900 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Copytele Inc), Common Stock Purchase Agreement (Ritter Pharmaceuticals Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx1934 Act) of the Common Stock or xx (iixx) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Majestic Companies LTD), Common Stock Purchase Agreement (Golden Phoenix Minerals Inc /Mn/)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 Rule 200 of Regulation SHO of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Dor Biopharma Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx1934 Act) of the Common Stock or (ii) hedging transaction, which establishes whicx xxxxxxishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (CepTor CORP)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 1000 Xxx) of the Common Stock Securities or (ii) hedging transaction, which establishes a net short position with respect to the Common StockSecurities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Akari Therapeutics PLC)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)11, the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (including any “short exempt”) (as such term is terms are defined in Section 242.200 Rule 200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Purchase Agreement (Pure Bioscience, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx1934 Act) of the Common Stock or (iixx) hedging xxxxing transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Xsunx Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 1000 Xxx) of the Common Stock Ordinary Shares or ADSs or (ii) hedging transaction, which establishes a net short position with respect to the Common StockADSs or Ordinary Shares.

Appears in 1 contract

Samples: Securities Subscription Agreement (Insignia Solutions PLC)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx1934 Act) of the Common Stock or ox (iixx) hedging xedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Typhoon Touch Technologies, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 1934 Xxx) of xx the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Recro Pharma, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)11, the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (including any “short sale exempt”) (as such term is defined in Section 242.200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which that establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Purchase Agreement Purchase Agreement (Arrowhead Research Corp)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer no longer owns any Securities that it and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock Securities or (ii) hedging transaction, which establishes a net short position with respect to the Common StockSecurities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Regenerx Biopharmaceuticals Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx1934 Act) of the Common Stock or (ii) hedging transactiontransactxxx, which xxxch establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Execution Copy Common Stock Purchase Agreement (Competitive Technologies Inc)

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Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 1930 Xxx) of xf the Common Stock Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockShares.

Appears in 1 contract

Samples: Common Share Purchase Agreement (Titan Medical Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx1934 Act) of the Common ox xxx Xxmmon Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Spectrascience Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.. 

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Veru Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which or other transaction that establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Unigene Laboratories Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k10(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common StockStock or any other Company’s securities.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Net Element, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement Execution Date and ending on the date of termination of this Agreement as provided in Section 11(k)Agreement, the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Alterola Biotech Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx) of the Common Stock ADSs or Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockADSs or Ordinary Shares.

Appears in 1 contract

Samples: Securities Subscription Agreement (Insignia Solutions PLC)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Purchase Agreement (Energy Focus, Inc/De)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that that, beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)11, the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 Rule 200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Purchase Agreement (Enova Systems Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockOrdinary Shares.

Appears in 1 contract

Samples: Ordinary Shares Purchase Agreement (Intec Pharma Ltd.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k10(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common StockStock or any other of the Company’s securities.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Lm Funding America, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 1930 Xxx) of xf the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (U S Plastic Lumber Corp)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that that, beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)11, the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (including any “short exempt”) (as such term is terms are defined in Section 242.200 Rule 200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Purchase Agreement (Pure Bioscience, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx1934 Act) of the Common Stock or (ii) hedging transaction, which establishes xxxxxxxshes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Oragenics Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx1934 Act) of the Common Stock or Xxxxx xr (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Competitive Technologies Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 1000 Xxx) of the Common Stock Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockOrdinary Shares.

Appears in 1 contract

Samples: Ordinary Share Purchase Agreement (Vascular Biogenics Ltd.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx1934 Act) of the Common Stock or (ii) hedging transaction, which establishes estxxxxxxxx a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Hemispherx Biopharma Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx1934 Act) of the Common Stock or (ii) hedging transaction, which establishes xxxxxxxxhes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Copy Common Stock Purchase Agreement (E Digital Corp)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the later of (x) the date of termination of this Agreement as provided in Section 11(k)) or (y) so long as the Buyer owes any Commitment Shares or Purchase Shares, the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock or any stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Marani Brands, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the Xxxxxxxxxx XXX xx xxx 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Scynexis Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO Rule 3b-3 of the 0000 Xxx1934 Act) of the Common Stock or Sxxxx xx (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Samaritan Pharmaceuticals Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on 90 days prior to the date of this Agreement Execution Date and ending on the 90th date of termination of this Agreement as provided in Section 11(k)Agreement, the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Bloomios, Inc.)

Limitation on Short Sales and Hedging Transactions. The Buyer Each Purchaser severally, and not jointly, agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer such Purchaser no longer owns any Securities that it and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 0000 Xxx) of the Common Stock Securities or (ii) hedging transaction, which establishes a net short position with respect to the Common StockSecurities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cytomedix Inc)

Limitation on Short Sales and Hedging Transactions. The Buyer Investor agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k)11, the Buyer Investor and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the 0000 XxxExchange Act) of the Common Stock or or, (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Purchase Agreement Purchase Agreement (Valley Forge Composite Technologies, Inc.)

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