Common use of No Prior Short Selling Clause in Contracts

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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 15 contracts

Samples: Common Stock Purchase Agreement (Adam Inc), Common Stock Purchase Agreement (Uncommon Media Group Inc), Common Stock Purchase Agreement (Unigene Laboratories Inc)

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No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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 9 contracts

Samples: Common Stock Purchase Agreement (Universal Ice Blast Inc), Common Stock Purchase Agreement (Kingthomason Group Inc), Common Stock Purchase Agreement (Unigene Laboratories Inc)

No Prior Short Selling. The Buyer Purchaser represents and warrants to the Company that at no time prior to the date of this Agreement has any of the BuyerPurchaser, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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)

No Prior Short Selling. The Buyer Purchaser represents and warrants to the Company that at no time prior to the date of this Agreement has any of the BuyerPurchaser, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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 4 contracts

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

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Rule 3b-3 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 3 contracts

Samples: Common Stock Purchase Agreement (U S Plastic Lumber Corp), Common Stock Purchase Agreement (K2 Digital Inc), Common Stock Purchase Agreement (U S Plastic Lumber Corp)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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: Registration Rights Agreement (Probex Corp), Common Stock Purchase Agreement (Walker Financial Corp), Copy Common Stock Purchase Agreement (Millenium Holding Group Inc /Az/)

No Prior Short Selling. The Each Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, or its respective agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Rule 3b-3 of the 0000 Xxx) Short Sales of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Kma Global Solutions International Inc), Securities Purchase Agreement (Kma Global Solutions International Inc), Securities Purchase Agreement (Kma Global Solutions International Inc)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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 2 contracts

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

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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/)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Rule 3b-3 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: Common Stock Purchase Agreement (Usurf America Inc), Common Stock Purchase Agreement (Usurf America Inc)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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 (Aethlon Medical Inc), Common Stock Purchase Agreement (Technology Visions Group Inc)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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: Common Stock Purchase Agreement (Global Med Technologies Inc), Common Stock Purchase Agreement (Global Med Technologies Inc)

No Prior Short Selling. The Buyer represents and warrants to the ------------------------ Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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: Common Stock Purchase Agreement (Isecuretrac Corp), Exhibit 99 (Paving Stone Corp)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Rule 3b-3 of the 0000 Xxx) of the Common Stock ADSs or the Ordinary Shares or (ii) hedging transaction, which establishes a net short position with respect to the Common StockADSs or the Ordinary Shares.

Appears in 1 contract

Samples: Securities Subscription Agreement (Insignia Solutions PLC)

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No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Rule 3b-3 of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes in any case, established in any manner whatsoever a net short or hedged position with respect to the Common StockStock or any other securities of the Company.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cytomedix Inc)

No Prior Short Selling. The Buyer Purchaser represents and warrants to the Company that at no time prior to the date of this Agreement has any of the BuyerPurchaser, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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 1 contract

Samples: Securities Purchase Agreement (Legend Media, Inc.)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Rule 3b-3 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 1 contract

Samples: Common Stock Purchase Agreement (Usurf America Inc)

No Prior Short Selling. The Buyer represents and warrants to the Company ---------------------- that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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 1 contract

Samples: Common Stock Purchase Agreement (Universe2u Inc)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Rule 3b-3 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 1 contract

Samples: Stock Purchase Agreement (Usurf America Inc)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Rule 3b-3 of the 0000 Xxx1934 Act) of the Common Stock or (ii) hedging transaction, which establishes esxxxxxxxxs a net short position with respect to the Common Stock.

Appears in 1 contract

Samples: Execution Copy Common Stock Purchase Agreement (Bioprogress Technology International Inc)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in 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: Copy Common Stock Purchase Agreement (Tset Inc)

No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Rule 3b-3 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: Master Facility Agreement (Caredata Com Inc)

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