Common use of Short Sales Clause in Contracts

Short Sales. Each Purchaser covenants that neither it nor any affiliates acting on its behalf or pursuant to any understanding with it will execute any Short Sales during the period from the Discussion Time until prior to the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.7. Notwithstanding the foregoing, no Purchaser makes any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.7.

Appears in 14 contracts

Samples: Securities Purchase Agreement (World Health Alternatives Inc), Securities Purchase Agreement (Accupoll Holding Corp), Securities Purchase Agreement (Accupoll Holding Corp)

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Short Sales. Each Purchaser covenants that neither it nor any affiliates acting on its behalf or pursuant to any understanding with it will execute any Short Sales during the period from the Discussion Time until prior to the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.4. Notwithstanding the foregoing, no Purchaser makes any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.4.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Next Inc/Tn), Securities Purchase Agreement (Stinger Systems, Inc), Securities Purchase Agreement (World Health Alternatives Inc)

Short Sales. Each Purchaser covenants that neither it nor any affiliates acting on its behalf or pursuant to any understanding with it will execute any Short Sales during the period from the Discussion Time until prior to the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.6. Notwithstanding the foregoing, no Purchaser makes any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.6.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Crestview Capital Master LLC), Securities Purchase Agreement (Chembio Diagnostics Inc.), Securities Purchase Agreement (Force Protection Inc)

Short Sales. Each Purchaser covenants that neither it nor any affiliates Affiliates acting on its behalf or pursuant to any understanding with it will execute any Short Sales during the period from the Discussion Time until prior to the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.3. Notwithstanding the foregoing, no Purchaser makes any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.3.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Novavax Inc), Securities Purchase Agreement (Novavax Inc)

Short Sales. Each Purchaser covenants that neither it nor any affiliates acting on its behalf or pursuant to any understanding with it have executed or will execute any Short Sales during the period from the Discussion Time until prior to the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.4. Notwithstanding the foregoing, no Purchaser makes any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.4.

Appears in 1 contract

Samples: Securities Purchase Agreement (Active Power Inc)

Short Sales. Each Such Purchaser covenants that neither it nor any affiliates acting on its behalf or pursuant to any understanding with it will execute any Short Sales during the period from the Discussion Time until prior to the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.6. Notwithstanding the foregoing, no Purchaser makes any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.6.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vineyard National Bancorp)

Short Sales. Each Purchaser covenants that neither it nor any affiliates acting on its behalf or pursuant to any understanding with it will execute any Short Sales during the period from after the Discussion Time until prior to the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.6. Notwithstanding the foregoing, no Purchaser makes any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.6.

Appears in 1 contract

Samples: Securities Purchase Agreement (TNX Television Holdings Inc)

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Short Sales. Each The Purchaser covenants that neither it nor any affiliates acting on its behalf or pursuant to any understanding with it will execute any Short Sales during the period from the Discussion Time until prior to the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.4. Notwithstanding the foregoing, no the Purchaser makes does not make any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.4.

Appears in 1 contract

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

Short Sales. Each Purchaser covenants that neither it nor any ------------ affiliates acting on its behalf or pursuant to any understanding with it will execute any Short Sales during the period from the Discussion Time until prior to the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.4. Notwithstanding the foregoing, no Purchaser makes any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.74.4.

Appears in 1 contract

Samples: Securities Purchase Agreement (Sinovac Biotech LTD)

Short Sales. Each Purchaser covenants that neither it nor any affiliates acting on its behalf or pursuant to any understanding with it will execute any Short Sales during the period from the Discussion Time until prior to the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.7this Agreement. Notwithstanding the foregoing, no Purchaser makes any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.7this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Us Energy Corp)

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