Common use of Additional Restrictions on Exercise or Transfer Clause in Contracts

Additional Restrictions on Exercise or Transfer. Unless the holder of this Warrant delivers a waiver in accordance with the last sentence of this Section 7(g), this Warrant shall not be exercisable by a holder hereof to the extent (but only to the extent) that the sum of (a) the number of Common Stock beneficially owned by such holder and its affiliates, and (b) the number of Common Stock issuable upon exercise of the Warrant (or portion thereof) with respect to which the determination described herein is being made would result in beneficial ownership by such holder and its affiliates of more than 4.99% of the outstanding shares of Common Stock. For purposes of this Section 7(g), beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended, and Regulation 13D-G thereunder. Notwithstanding the foregoing, a holder may, by providing written notice to the Company, (x) adjust the restriction set forth in this Section 7(g) so that the limitations on beneficial ownership of 4.99% of the outstanding shares of Common Stock referred to above shall not be applicable to such holder, which adjustment shall not take effect until the 61st day after the date of such notice and (y) irrevocably waive the right to deliver a waiver in accordance with this sentence; provided, however, that if such adjustment would result in beneficial ownership greater than 9.99% of the outstanding shares of Common Stock, by such holder and its affiliates than such adjustment shall not take effect until the 75th day after the date of such notice.

Additional Restrictions on Exercise or Transfer. Unless the holder of this Warrant delivers a waiver in accordance with the second to last sentence of this Section 7(gsubsection (g), this Warrant shall not be exercisable by a holder hereof to the extent (but only to the extent) that the sum of (a) the number of shares of the Common Stock beneficially owned by such holder and its affiliates, and (b) the number of shares of the Common Stock issuable upon exercise of the Warrant (or portion thereof) with respect to which the determination described herein is being made would result in beneficial ownership by such holder and its affiliates of more than 4.99% of the outstanding shares of the Common Stock. For purposes of this Section 7(gsubsection (g), beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended, and Regulation 13D-G thereunder. Notwithstanding the foregoing, a holder may, by providing written notice to the Company, (x) adjust the restriction set forth in this Section 7(gsubsection (g) so that the limitations on beneficial ownership of 4.99% of the outstanding shares of the Common Stock referred to above shall not be applicable to such holder, which adjustment shall not take effect until the 61st day after the date of such notice notice, and (y) irrevocably waive the right to deliver a waiver in accordance with this sentence; provided, however, that that, if such adjustment would result in beneficial ownership greater than 9.99% of the outstanding shares of the Common Stock, by such holder and its affiliates than affiliates, then such adjustment shall not take effect until the 75th day after the date of such notice. Notwithstanding the foregoing, this Section 7(g) shall not apply to any holder who prior to the date hereof owns more than 4.99% of the Company's outstanding Common Stock.

Additional Restrictions on Exercise or Transfer. Unless Notwithstanding anything contained herein to the contrary, unless the holder of this Warrant hereof delivers a waiver in accordance with the last sentence of this Section 7(g), this Warrant in no event shall not be exercisable by a the holder hereof exercise Warrants to the extent (but only to the extent) that the sum of (a) the number of shares of Common Stock beneficially owned by such holder and its affiliates, affiliates (other than shares of Common Stock which may be deemed beneficially owned through the ownership of the unexercised portion of the Warrants or the unexercised or unconverted portion of any other securities of the Company (including the Series C Preferred Stock) subject to a limitation on conversion or exercise analogous to the limitation contained herein) and (b) the number of shares of Common Stock issuable upon exercise of the Warrant Warrants (or portion thereof) with respect to which the determination described herein is being made made, would result in beneficial ownership by such holder and its affiliates of more than 4.994.9% of the outstanding shares of Common Stock. For purposes of this Section 7(g)the immediately preceding sentence, beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended, and Regulation 13D-G thereunder, except as otherwise provided in clause (a) hereof. Notwithstanding Except as provided in the foregoingimmediately succeeding sentence, the restrictions contained in this Section 7(g) may not be amended without the consent of the holder of this Warrant and the holders of a holder may, by providing written notice to majority of the Company, (x) adjust 's then outstanding Common Stock. The holder hereof may waive the restriction restrictions set forth in this Section 7(g) so that by written notice to the limitations on beneficial ownership of 4.99% of Company upon not less than sixty one (61) days prior notice (with such waiver taking effect only upon the outstanding shares of Common Stock referred to above shall not be applicable to such holder, which adjustment shall not take effect until the 61st day after the date expiration of such sixty one (61) day notice and (y) irrevocably waive the right to deliver a waiver in accordance with this sentence; provided, however, that if such adjustment would result in beneficial ownership greater than 9.99% of the outstanding shares of Common Stock, by such holder and its affiliates than such adjustment shall not take effect until the 75th day after the date of such noticeperiod).