Short Sale. Each Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any Restricted Person (as defined herein) engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the 1934 Act (as defined herein)) of the Common Stock or (ii) hedging transaction, which establishes a Net Short Position (as defined herein) with respect to the Common Stock.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Terra Tech Corp.), Securities Purchase Agreement (xG TECHNOLOGY, INC.), Securities Purchase Agreement (Terra Tech Corp.)
Short Sale. Each Buyer Such Purchaser represents and warrants to the Company that at no time prior to the date of this Agreement has any Restricted Person (as defined herein) engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the 1934 Act (as defined herein)) of the Common Stock or (ii) hedging transaction, which establishes a Net Short Position (as defined herein) with respect to the Common Stock.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Summit Wireless Technologies, Inc.), Form of Securities Purchase Agreement (Summit Wireless Technologies, Inc.)
Short Sale. Each Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any Restricted Person (as defined herein) engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the 1934 Act (as defined herein)) of the Common Stock Ordinary Shares or (ii) hedging transaction, which establishes a Net Short Position (as defined herein) with respect to the Common StockOrdinary Shares.
Appears in 1 contract
Samples: Securities Purchase Agreement (China Ceramics Co., LTD)
Short Sale. Each The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any Restricted Person (as defined hereinbelow) engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the 1934 Act (as defined herein)) of the Common Stock or (ii) hedging transaction, which establishes a Net Short Position (as defined hereinbelow) with respect to the Common Stock.
Appears in 1 contract
Samples: Securities Purchase Agreement (Applied BioSciences Corp.)
Short Sale. Each The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any Restricted Person (as defined herein) engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the 1934 Act (as defined herein)) of the Common Stock or (ii) hedging transaction, which establishes a Net Short Position (as defined herein) with respect to the Common Stock.
Appears in 1 contract
Short Sale. Each Buyer represents and warrants to the Company that at no time in the twelve (12) months prior to the date of this Agreement has any Restricted Person (as defined herein) engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the 1934 Act (as defined herein)) of the Common Stock or (ii) hedging transaction, which establishes a Net Short Position (as defined herein) with respect to the Common StockStock and extends to as long as Buyer holds any Notes.
Appears in 1 contract
