Mo, I asked you where in the lock-up agreement say

Mo, I asked you where in the lock-up agreement says no shorting but you didn't reply. I asked because I'm not an expert in legal languages. In the Aspire agreement such rule was very clear.

Quote:

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No Short-Selling or Hedging by Aspire Capital

Aspire Capital has agreed that neither it nor any of its agents, representatives and affiliates shall engage in any direct or indirect short-selling or hedging of our common stock during any time prior to the termination of the Purchase Agreement.

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https://www.sec.gov/Archives/edgar/data/13552..._424b5.htm

I couldn't find similar language in the lock-up agreement. Also, you didn't quote the whole thing. Here's what you left out.

Quote:

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provided , however , that the foregoing prohibition shall not apply to sales of shares of the common stock of the Company made pursuant to a valid contract, instruction or plan that satisfies the requirements of Rule 10b5-1 under the Exchange Act (a “ 10b5-1 Plan ”), provided that such 10b5-1 Plan existed or was entered into prior to the date hereof and provided that such sales were made at $2.00 (as adjusted for reverse and forward stock splits, recapitalizations and similar transactions following the date hereof) or higher.

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https://www.sec.gov/Archives/edgar/data/13552..._ex101.htm

Base on what I understand, the terms in the lock-up agreement don't apply to the 10b5-1 plan. We don't know whether such plan exists.