Short Position. The Investor has not, prior to the Closing Date, established any hedge or other position in the Common Stock that is outstanding on the Closing Date and that is designed to or could reasonably be expected to lead to or result in a Disposition by the Investor or any other person or entity. For purposes hereof, a "hedge or other position" would include, without limitation, effecting any short sale or having in effect any short position (whether or not such sale or position is against the box and regardless of when such position was entered into) or any purchase, sale or grant of any right (including, without limitation, any put or call option) with respect to the Common Stock or with respect to any security (other than a broad-based market basket or index) that includes, relates to or derives any significant part of its value from the Common Stock.
Short Position. A position in the market that is used to describe the action of selling a currency or trading instrument the trader has not previously owned.
Short Position. To have a short position with respect to a Commodity Futures Option means to be under an obligation to buy or sell the Underlying Futures Contract upon exercise of the option. To have a short position with respect to an Underlying Futures Contract means to be under an obligation to make delivery of the underlying commodity.
Short Position. During the term of this engagement and for a period of twelve months thereafter, Consultant will not maintain a net short position at any time in the Company's shares. This net position includes freely trading shares and any preferred shares and warrants on an "as converted" basis.
Short Position. From the earlier of (i) thirty (30) days prior to the date hereof and (ii) the date the Investor learned of the Offering, neither the Investor nor any affiliate has directly or indirectly established or agreed to establish any hedge, "put equivalent position" (as defined in Rule 16a-1 under the Exchange Act) or other position in the Common Stock that is outstanding on the Closing Date and that is designed to or could reasonably be expected to lead to or result in a Disposition by the Investor or any other person or entity. For purposes hereof, a "hedge or other position" includes, without limitation, effecting any short sale or having in effect any short position (whether or not such sale or position is against the box and regardless of when such position was entered into) or any purchase, sale or grant of any right (including, without limitation, any put or call option) with respect to the Common Stock or with respect to any security (other than a broad-based market basket or index) that includes, relates to or derives any significant part of its value from the Common Stock. Each Investor acknowledges that this representation is made for the benefit of the Company and the other Investors, any of which may assert claims arising out of the breach of this Section 4.5.
Short Position. Neither Subscriber nor any of its affiliates will directly or indirectly maintain any short position in any securities of the Company until after the end of the Restricted Period.
Short Position. Neither the Buyer nor any of its affiliates will directly or indirectly maintain any short position, purchase or sell put or call options or otherwise engage in any hedging activities in any of the Securities or any other securities of the Company until after one hundred twenty (120) days from the closing of this transaction.
Short Position. Neither Purchaser nor any of its Affiliates have an open short position in the Common Stock of the Company.
Short Position. Each Purchaser hereby covenants with the Company not to use any of the Shares acquired pursuant to this Agreement to cover any short position in the Common Stock of the Company if doing so would be in violation of applicable securities laws.
Short Position. With respect to the Fund's existing short position of 165,000 shares of Aksys common stock (the "SHORT POSITION"), subject to its obligations under Applicable Law (as defined below), Aksys shall cooperate with the Fund in closing out such short position, including, without limitation, by delivering instructions to its transfer agent to release the "matching" shares and taking such other reasonable actions as the Fund may request.
