No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the Securities Exchange Act of 1934, as amended (the “1934 Act”)) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
No Prior Short Selling. The Buyer represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Buyer, its agents, associates, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Rule 3b-3 of the 0000 Xxx) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
No Prior Short Selling. At no time during the 30 days prior to the Closing Date has such Purchaser engaged in or effected, in any manner whatsoever, directly or indirectly, any sale of Common Stock which such Purchaser is not deemed to own under the provisions of Rule 200(b) of Regulation SHO promulgated under the Exchange Act.
No Prior Short Selling. The Investor has not prior to the date of this Agreement either through itself, its agents, representatives and/or Affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) “Short Sale” (as such term is defined in Section 242.200 of Regulation SHO of the Exchange Act) of shares of Common Stock, or (ii) hedging transaction, which establishes a net short position with respect to the shares of Common Stock.
No Prior Short Selling. At no time during the 30 days prior to the Closing has the Investor engaged in or effected, in any manner whatsoever, directly or indirectly, in any “short sale” (as such term is defined in Rule 3b-3 of the Exchange Act) of the Common Stock (a “Short Sale”). Prior to the Closing, except as previously disclosed to the Issuer in writing, the Investor has never owned securities of the Issuer.
No Prior Short Selling. Each Subscriber represents and warrants to the Company that as of the date the Subscriber became aware of the offering of the Securities, such Subscriber and such Subscriber's Affiliates have not, directly or indirectly had any (i) "short" position (as such term is employed in Rule 3b-3 of the Securities and Exchange Act of 1934) in the Common Stock, or (ii) a hedged position which would establish a net short position with respect to the Common Stock.
No Prior Short Selling. Purchaser has not, directly or indirectly, through its agents, representatives or affiliates, engaged in or effected, in any manner whatsoever, any (i) “short sale” (as such term is defined in Rule 200 of Regulation SHO of the Exchange Act) of the Common Shares, (ii) hedging transaction, which established a net short position with respect to the Common Shares or any other equity security of the Company or (iii) other transaction that involved hedging Purchaser’s position in any equity security of the Company.
No Prior Short Selling. The Investor represents and warrants to the Company that at no time prior to the date of this Agreement has any of the Investor, its officers, directors, employees, agents, representatives or affiliates engaged in or effected, or caused any person to engage in or effect, in any manner whatsoever, directly or indirectly, any (i) “short sale” (including any “short exempt”) (as such terms are defined in Rule 200 of Regulation SHO of the Exchange Act) of the Ordinary Shares or ADSs, (ii) swap, pledge, forward sale contract, option, put, call or any other agreement, transaction or series of transactions that xxxxxx or transfers, in whole or in part, directly or indirectly, the economic consequence of ownership in the ADSs or ordinary Shares, as applicable, whether any such swap, pledge, forward sale contract, option, put, call or any other agreement, transaction or series of transactions is to be settled by delivery of securities, in cash or otherwise, or that otherwise establishes a net short position with respect to the ADSs or Ordinary Shares, provided, however, that notwithstanding either of the foregoing, the Investor may at any time convert or exchange ADSs into Ordinary Shares even if such conversion or exchange would otherwise technically result in any of the transactions set forth in clauses (i) or (ii) of this Section.
No Prior Short Selling. At no time prior to the date of this Agreement has any of Abbott, its agents, representatives or affiliates engaged in or effected, in any manner whatsoever, directly or indirectly, any (i) "short sale" (as such term is defined in Section 242.200 of Regulation SHO of the Exchange Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock.
No Prior Short Selling. At no time during the 30 days prior to the ---------------------- Closing Date has such Purchaser engaged in or effected, in any manner whatsoever, directly or indirectly, in any "short sale" (as such term is defined in Rule 3b-3 of the Exchange Act) of the Common Stock (a "Short Sale"). The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.
