Other Transactions Permitted. Subject to Section 5.4(a) and applicable securities laws, the Issuer acknowledges and agrees that nothing in Section 5.4 shall prohibit the Investors from, and the Investors are permitted to, engage, directly or indirectly, in hedging transactions involving the Securities and the Common Stock (including, without limitation, by way of short sales, purchases and sales of options, swap transactions and synthetic transactions) at any time.
Appears in 2 contracts
Sources: Subscription Agreement (Loudeye Corp), Subscription Agreement (Loudeye Corp)
Other Transactions Permitted. Subject to Section 5.4(a5.5(a) and applicable securities laws, the Issuer acknowledges and agrees that nothing in Section 5.4 5.5 shall prohibit the Investors Investor from, and the Investors are Investor is permitted to, engage, directly or indirectly, in hedging transactions involving the Securities Shares and the Common Stock (including, without limitation, by way of short sales, purchases and sales of options, swap transactions and synthetic transactions) at any time.
Appears in 1 contract