Shorting Clause Samples
The Shorting clause defines the rules and permissions regarding the practice of selling securities or assets that the seller does not currently own, typically with the intention of buying them back later at a lower price. This clause outlines whether short selling is permitted under the agreement, any restrictions or conditions that apply, and the obligations of the parties involved, such as margin requirements or reporting duties. Its core function is to manage the risks and responsibilities associated with short selling, ensuring both parties understand their rights and limitations, and to prevent disputes related to unauthorized or improper shorting activities.
Shorting. Neither Laurus nor any of its Affiliates or investment partners has, will, or will cause any Person, to directly engage in “short sales” of the Parent’s Common Stock as long as any Minimum Borrowing Note shall be outstanding.
Shorting. Seller agrees not effect any Short Sales in respect of the Shares prior to the earlier of a) the Maturity Date and b) the cancellation of the Transaction. “Short Sales” means all “short sales” as defined in Rule 200 promulgated under Regulation SHO under the Exchange Act, whether or not against the box, and all types of direct and indirect stock pledges, forward sale contracts, options, puts, calls, short sales, swaps, “put equivalent positions” (as defined in Rule 16a-1(h) under the Exchange Act) and similar arrangements (including on a total return basis).
Shorting. Neither Laurus nor any of its Affiliates or investment partners has, will, or will cause any person or entity, to directly engage in "short sales" of Company's common stock directly related to Company's Common Stock as long as any Note (as defined in each of this Agreement and the Securities Purchase Agreement) shall be outstanding.
Shorting. So long as any amounts remain owing under any of the Notes, neither the Buyer nor any of its Affiliates shall engage in any short sales of, or sell put options or similar instruments with respect to, the Common Stock. Notwithstanding the above, if the Buyer elects to receive shares of Common Stock in payment of the Company’s obligations under the Notes, the Buyer may sell shares of Common Stock against delivery of the Conversion Shares, pursuant to Section 7.
Shorting. Neither Calliope nor any of its Affiliates or investment partners has, will, or will cause any Person, to directly engage in “short sales” of the Parent’s Common Stock as long as any amount under any Note shall remain outstanding.
Shorting. The Investor or any of it's subsidiaries and/or affiliates, principals, advisors and partners will not short the Company's Common Stock, either directly or indirectly, during the Open Period.
Shorting. Neither GSSF nor any of its Affiliates or investment partners has, will, or will cause any Person, to directly engage in "short sales" of the Parent's Common Stock as long as any Note shall be outstanding.
Shorting. Neither Gryphon nor any of its Affiliates or investment partners has, will, or will cause any Person, to directly engage in "short sales" of the Parent's Common Stock as long as any Note shall be outstanding.
Shorting. The Investor agrees not to short the Company's common stock during the Open Period.
Shorting. Neither Laurus nor any of its Affiliates or investment partners will, or cause any person or entity, directly or indirectly to, engage in "short sales" of Company's common stock or any other hedging strategies directly related to Company's common stock. [Balance of page intentionally left blank; signature page follows.]