Open Short Position Clause Samples
An Open Short Position clause defines the terms under which a party may hold or establish a short position in a financial instrument, meaning they have sold securities they do not own with the intention of buying them back later at a lower price. This clause typically outlines the conditions, reporting requirements, and any restrictions related to short selling, such as margin requirements or limits on the size of the position. Its core function is to set clear rules and boundaries for short selling activities, thereby managing risk and ensuring compliance with regulatory or contractual obligations.
Open Short Position. From the date of this Agreement until the filing of the Form 8-K described in SECTION 5.7, such Purchaser represents and warrants that it shall not engage in short sales of the Company's Common Stock, as that term is defined in applicable Commission and NASD rules. The Purchaser further represents and warrants that it will not maintain a negative net short position at any time its Debenture or Warrant is outstanding
Open Short Position. As of the Closing Date, each Purchaser, for itself and its affiliates and any transferee prior to the Effective Date, represents and warrants that it holds no open short positions in the Company's Common Stock. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.
Open Short Position. As of the date hereof, each Purchaser, for itself only, represents and warrants that neither it, nor any person or entity acting at the direction of such Purchaser, holds an open short position in the Company's Common Stock.
Open Short Position. From February 13, 2004 until such time as the transactions contemplated hereunder are publicly announced pursuant to Section 4.7 or otherwise, each Purchaser, for itself only, represents and warrants that neither it, nor any person or entity acting at the direction of such Purchaser, holds, or has held at any time during such period, an open short position in the Company's Ordinary Shares.
Open Short Position. Each Purchaser, for itself only, represents and warrants that (i) as of April 8, 2004, neither it, any of its Affiliates nor any person or entity acting at the direction of such Purchaser, holds an open short position in the Common Stock, and (ii) confirms that it acknowledges and understands that it may not directly cover a short sale made prior to the Effective Date with shares of Common Stock registered for resale by such Purchaser on the Registration Statement.
Open Short Position. As of March 8, 2004, each Purchaser, for itself only, represents and warrants that neither it, nor any person or entity acting at the direction of such Purchaser, holds an open short position in the Company's Common Stock. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.
Open Short Position. Leongatha, represents and warrants that as of the date first set forth also, neither it, any of its Affiliates nor any person or entity acting at the direction of Leongatha, holds an open short position in Endeavor’s Common Stock.