Common use of No Manipulation Clause in Contracts

No Manipulation. Assuming Dealer is not, on the date hereof, in possession of any material non-public information with respect to Company or the Shares and will establish a commercially reasonable Hedge Position, Company is not entering into the Transaction to create actual or apparent trading activity in the Shares (or any security convertible into or exchangeable for the Shares) or to raise or depress or otherwise manipulate the price of the Shares (or any security convertible into or exchangeable for the Shares) or otherwise in violation of the Exchange Act.

No Manipulation. Assuming Dealer is not, on the date hereof, in possession of any material non-public information with respect to Company Counterparty or the Shares and will establish a commercially reasonable Hedge Position, Company Counterparty is not entering into the Transaction to create actual or apparent trading activity in the Shares (or any security convertible into or exchangeable for the Shares) or to raise or depress or otherwise manipulate the price of the Shares (or any security convertible into or exchangeable for the Shares) or otherwise in violation of the Exchange Act.