Common use of Trading Activities Clause in Contracts

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Investor makes no representations or covenants that it will not engage in trading in the securities of the Company, other than the Investor will not engage in any Short Sales of the Company's common stock at any time during the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by the Investor pursuant to the Advance Notice prior to taking possession of such Shares.

Appears in 5 contracts

Samples: Reserve Equity Financing Agreement (Flint Telecom Group Inc.), Reserve Equity Financing Agreement (Biofield Corp \De\), Reserve Equity Financing Agreement (China Wi-Max Communications, Inc.)

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Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor its affiliates has an open short position in the Common Stock, the Investor agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales short sales of the Company's common stock at any time during Common Stock provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Sharesshares.

Appears in 5 contracts

Samples: Equity Distribution Agreement (EnerJex Resources, Inc.), Equity Distribution Agreement (Advanced Life Sciences Holdings, Inc.), Equity Distribution Agreement (EnerJex Resources, Inc.)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor its affiliates has any open short position in the Common Stock, the Investor agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales short sales of the Company's common stock at any time during Common Stock; provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Sharesshares.

Appears in 2 contracts

Samples: Equity Distribution Agreement (China Recycling Energy Corp), Equity Distribution Agreement (China Recycling Energy Corp)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock Shares shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which Market. Neither the Company’s Investor nor its affiliates has any open short position in the Common Stock is listed or traded. Shares, and the Investor makes no representations or covenants agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales of short sales with respect to the Company's common stock at any time during Common Shares; provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell (i) the shares Shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Shares, or (ii) other Common Shares sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long position.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Scilex Holding Co), Equity Purchase Agreement (Scilex Holding Company/De)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor its Affiliates has an open short position in the Common Stock, and the Investor agrees that it shall not, and that it will cause its Affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales short sales of the Company's common stock at any time Common Stock during the Agreement. The Commitment Period; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares Shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Shares.

Appears in 2 contracts

Samples: Committed Equity Facility Agreement (Bergio International, Inc.), Committed Equity Facility Agreement (Revolutions Medical CORP)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock Shares shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock Shares is listed or traded. Neither the Investor makes no representations or covenants nor its affiliates has any open short position in the Common Shares, nor has the Investor entered into any hedging transaction that establishes a net short position with respect to the Common Stock, and the Investor agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales of short sales or hedging transactions with respect to the Company's common stock at any time during Common Shares; provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Sharesshares.

Appears in 1 contract

Samples: Equity Distribution Agreement (Oxygen Therapy, Inc.)

Trading Activities. The Investor’s 's trading activities with respect to the Company’s 's Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor its Affiliates has an open short position in the Common Stock, and the Investor agrees that it shall not, and that it will cause its Affiliates not engage in trading in the securities of the Company, other than the Investor will not to engage in any Short Sales short sales of the Company's common stock at any time Common Stock during the Agreement. The Commitment Period; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares Shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Shares, subject to the limitations set forth in this Section.

Appears in 1 contract

Samples: Securities Purchase Agreement (Artec Global Media, Inc.)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor its affiliates has an open short position in the Common Stock, the Investor agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales short sales of the Company's common stock at any time during Common Stock provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by the Investor pursuant to the Advance Notice prior to taking possession of such Shares.

Appears in 1 contract

Samples: Equity Distribution Agreement (Lotus Pharmaceuticals, Inc.)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor any affiliate of the Investor has an open short position in the Common Stock, the Investor agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales short sales of the Company's common stock at any time during Common Stock provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Sharesshares.

Appears in 1 contract

Samples: Equity Distribution Agreement (Digital Angel Corp)

Trading Activities. The Investor’s 's trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor its affiliates has an open short position in the Common Stock. The Investor agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales short sales of the Company's common stock at any time during Common Stock provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Sharesshares.

Appears in 1 contract

Samples: Equity Distribution Agreement (Omagine, Inc.)

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Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock Shares shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which Market. Neither the Company’s Investor nor its affiliates has any open short position in the Common Stock is listed or traded. Shares, and the Investor makes no representations or covenants agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales of short sales with respect to the Company's common stock at any time during Common Shares; provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice or Additional Advance Notice the Investor has the right to sell (i) the shares Shares to be purchased by issued to the Investor pursuant to the such Advance Notice or Additional Advance Notice prior to taking possession of receiving such Shares, or (ii) other Common Shares sold by the Company to Investor pursuant to this Agreement and which the Company has continuously held as a long position.

Appears in 1 contract

Samples: Equity Purchase Agreement (Scilex Holding Co)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor its affiliates has an open short position in the Common Stock, the Investor agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not (i) engage in any Short Sales short sales of or any other hedging transactions with respect to the Company's common stock at Common Stock or (ii) purchase any time during shares of Common Stock except for Common Stock purchased in connection with this Agreement, provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Sharesshares.

Appears in 1 contract

Samples: Standby Equity Distribution Agreement (Alon USA Energy, Inc.)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor its affiliates has an open short position in the Common Stock. The Investor agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales short sales of the Company's common stock at any time during Common Stock provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Sharesshares.

Appears in 1 contract

Samples: Standby Equity Distribution Agreement (Omagine, Inc.)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor its Affiliates has an open short position in the Common Stock, the Investor agrees that it shall not, and that it will cause its Affiliates not engage in trading in the securities of the Companyto, other than the Investor will not engage in any Short Sales short sales of the Company's common stock at any time during Common Stock provided that the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares Shares to be purchased by issued to the Investor pursuant to the Advance Notice prior to taking possession of receiving such Shares.

Appears in 1 contract

Samples: Equity Distribution Agreement (Freeseas Inc.)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. The Investor makes no representations or covenants that it will not engage in trading in the securities of the Company, other than the Investor will not engage in any Short Sales of the Company's common stock Common Stock at any time during the Agreement. The Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by the Investor pursuant to the Advance Notice prior to taking possession of such Sharesshares.

Appears in 1 contract

Samples: Reserve Equity Financing Agreement (Global Earth Energy, Inc.)

Trading Activities. The Investor’s trading activities with respect to the Company’s Common Stock shall be in compliance with all applicable federal and state securities laws, rules and regulations and the rules and regulations of the Principal Market on which the Company’s Common Stock is listed or traded. Neither the Investor makes no representations or covenants nor its affiliates has an open short position in the Common Stock, the Investor agrees that it shall not, and that it will cause its affiliates not engage in trading in the securities of the Companyto, other than the Investor will not (a) engage in any Short Sales short sales of the Company's common stock at any time Common Stock or (b) beneficially own or purchase during the Commitment Period any Common Stock except for Common Stock purchased pursuant to this Agreement. The ; provided that the Company acknowledges and agrees that upon receipt of an Advance Notice the Investor has the right to sell the shares to be purchased by the Investor pursuant to the Advance Notice prior to taking possession of such Shares.

Appears in 1 contract

Samples: Equity Distribution Agreement (Supertel Hospitality Inc)

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