NeoMedia Technologies, Inc (NEOM)

[jonesieatl]

re: Shorting _ hedging

"but I do not believe that it did"

It did. Over and over. So , this particular rule of 'the game' doesn't appear to have changed , ergo there may not be a turning point in the PPS related to this subject.

From the 2005 SEDA agreement:

Neither the Investor nor its affiliates has an open short
position in the Common Stock of the Company, the Investor agrees that it shall
not, and that it will cause its affiliates not to, engage in any short sales of
or hedging transactions with respect to the Common Stock, provided that the
Company acknowledges and agrees that upon receipt of an Advance Notice the
Investor is permitted to sell the shares to be issued to the Investor pursuant
to the Advance Notice during the applicable Pricing Period.

http://www.sec.gov/Archives/edgar/data/1022701/000114420405010205/v015309_ex16-1.txt

From a 2006 financing where NeoMedia sold YAGI Convertible Debentures, issued Warrants, and re-priced (downwards) a lot of previous warrants:

Neither the Buyer(s) nor any of its affiliates have an open short position in the Common Stock of the Company, and the Buyer(s) agrees that it shall not, and that it will cause its affiliates not to, engage in any short sales of or hedging transactions with respect to the Common Stock as long as any Convertible Debentures shall remain outstanding.

http://www.sec.gov/Archives/edgar/data/1022701/000114420406036417/v051592_ex10-1.htm

From another 2006 financing where NeoMedia sold YAGI Convertible Debentures, issued Warrants, and re-priced (downwards) previous warrants:

Neither the Buyer(s) nor any of its affiliates have an open short position in the Common Stock of the Company, and the Buyer(s) agrees that it shall not, and that it will cause its affiliates not to, engage in any short sales of or hedging transactions with respect to the Common Stock as long as any Convertible Debentures shall remain outstanding.

http://www.sec.gov/Archives/edgar/data/1022701/000114420407000775/v061658_ex10-1.htm

From a 2007 financing where NeoMedia sold YAGI Convertible Debentures and issued Warrants:

Neither the Buyer(s) nor any of its affiliates have an open short position in the Common Stock of the Company, and the Buyer(s) agrees that it shall not, and that it will cause its affiliates not to, engage in any short sales of or hedging transactions with respect to the Common Stock as long as any Convertible Debentures shall remain outstanding.

http://www.sec.gov/Archives/edgar/data/1022701/000114420407016721/v070332_ex10-1.htm

From another 2007 financing where NeoMedia sold YAGI Convertible Debentures, issued Warrants, and re-priced warrants downwards again:

No Open Short Position. Neither the Buyer(s) nor any of its affiliates have an open short position in the Common Stock of the Company, and the Buyer(s) agrees that it shall not, and that it will cause its affiliates not to, engage in any short sales of or hedging transactions with respect to the Common Stock as long as any Convertible Debentures shall remain outstanding.

http://www.sec.gov/Archives/edgar/data/1022701/000114420407047253/v086628_ex10-1.htm



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