Innovation Pharmaceuticals Inc (IPIX)

[loanranger]

"Limitation on Short Sales and Hedging Transactions. The Buyer agrees that beginning on the date of this Agreement and ending on the date of termination of this Agreement as provided in Section 11(k), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 1934 Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock."

The above limitation appeared in the $30,000,000
COMMON STOCK PURCHASE AGREEMENT that preceded the latest agreement. There is no such limitation in the latest SECURITIES PURCHASE AGREEMENT.

https://www.sec.gov/Archives/edgar/data/1355250/000147793217004400/ipix_ex106.htm
https://www.sec.gov/Archives/edgar/data/1355250/000147793218003269/ipix_ex101.htm


Maybe due to the "ending on the date of termination of this Agreement as provided in Section 11(k)" language they didn't have to reiterate it in the new agreement. As I understand it the original agreement isn't actually terminated, IPIX just can't use it to make Aspire buy any shares due to the 90 day Lock-up provision.
Or maybe it was left out to so that Aspire can now "enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 1934 Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock".