Common use of Beneficial Ownership Restrictions Clause in Contracts

Beneficial Ownership Restrictions. (a) Notwithstanding anything to the contrary set forth in this Agreement or any other Transaction Document (including, without limitation, the Notes, the Warrants and the AIRs), at no time may a Purchaser convert or exercise a Security if the number of shares of Common Stock to be issued pursuant to such conversion or exercise, when aggregated with all other shares of Common Stock owned by such Purchaser at such time, would result in such Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules thereunder) in excess of 4.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon a Purchaser providing the Company with sixty-one (61) days notice (the "Waiver Notice") that such Purchaser would like to waive this Section 3.13(a) with regard to any or all shares of Common Stock issuable upon conversion or exercise of any Security, this Section 3.13(a) shall be of no force or effect with regard to those Securities referenced in the Waiver Notice; provided, further, that any Purchaser may waive this Section 3.13(a) by so indicating on the signature page to this Agreement, any such waiver to be effective on and as of the date of this Agreement.

Beneficial Ownership Restrictions. (a) Notwithstanding anything to the contrary set forth in this Agreement or any other Transaction Document (including, without limitation, the Notes, the Warrants and the AIRsCertificate of Designations), at no time may a Purchaser convert or exercise a Security if the number of shares of Common Stock to be issued pursuant to such conversion or exercise, when aggregated with all other shares of Common Stock owned by such Purchaser at such time, would result in such Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules thereunder) in excess of 4.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon a Purchaser providing the Company with sixty-one (61) days notice (the "“Waiver Notice"”) that such Purchaser would like to waive this Section 3.13(a3.11(a) with regard to any or all shares of Common Stock issuable upon conversion or exercise of any Security, this Section 3.13(a3.11(a) shall be of no force or effect with regard to those Securities referenced in the Waiver Notice; provided, further, that any Purchaser may waive this Section 3.13(a3.11(a) by so indicating on the signature page to this Agreement, any such waiver to be effective on and as of the date of this Agreement.

Beneficial Ownership Restrictions. (a) Notwithstanding anything to the contrary set forth in this Agreement or any other Transaction Document (including, without limitation, the Notes, the Warrants Notes and the AIRsWarrants), at no time may a Purchaser convert or exercise a Security if the number of shares of Common Stock to be issued pursuant to such conversion or exercise, when aggregated with all other shares of Common Stock owned by issued to such Purchaser at such timepursuant to the Transaction Documents, would result in such Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules thereunder) in excess of 4.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon a Purchaser providing the Company with sixty-one (61) days notice (the "Waiver Notice") that such Purchaser would like to waive this Section 3.13(a3.12(a) with regard to any or all shares of Common Stock issuable upon conversion or exercise of any Security, this Section 3.13(a3.12(a) shall be of no force or effect with regard to those Securities referenced in the Waiver Notice; provided, further, that any Purchaser may waive this Section 3.13(a3.12(a) by so indicating on the signature page to this Agreement, any such waiver to be effective on and as of the date of this Agreement.

Beneficial Ownership Restrictions. (a) Notwithstanding anything to the contrary set forth in this Agreement or any other Transaction Document (including, without limitation, the Notes, the Warrants and the AIRsWarrant), at no time may a Purchaser convert or exercise a Security if the number of shares of Common Stock to be issued pursuant to such conversion or exerciseconversion, when aggregated with all other shares of Common Stock owned by such Purchaser at such time, would result in such Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules thereunder) in excess of 4.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon a Purchaser providing the Company with sixty-one (61) days days’ notice (the "“Waiver Notice"”) that such Purchaser would like to waive this Section 3.13(a) with regard to any or all shares of Common Stock issuable upon conversion or exercise of any Security, this Section 3.13(a) shall be of no force or effect with regard to those Securities referenced in the Waiver Notice; provided, further, that any Purchaser may waive this Section 3.13(a) by so indicating on the signature page to this Agreement, any such waiver to be effective on and as of the date of this Agreement.

Beneficial Ownership Restrictions. (a) Notwithstanding anything to the contrary set forth in this Agreement or any other Transaction Document (including, without limitation, the Notes, the Warrants and the AIRsCertificate of Designations), at no time may a Purchaser convert or exercise a Security if the number of shares of Common Stock to be issued pursuant to such conversion or exercise, when aggregated with all other shares of Common Stock beneficially owned by such Purchaser at such time, would result in such Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules thereunder) in excess of 4.99% of the then issued and outstanding shares of Common Stock outstanding at such timeStock; provided, however, that upon a Purchaser providing the Company with sixty-one (61) days notice (the "“Waiver Notice"”) that such Purchaser would like to waive this Section 3.13(a3.11(a) with regard to any or all shares of Common Stock issuable upon conversion or exercise of any Security, this Section 3.13(a3.11(a) shall be of no force or effect with regard to those Securities referenced in the Waiver Notice; provided, further, that any Purchaser may waive this Section 3.13(a3.11(a) by so indicating on the signature page to this Agreement, any such waiver to be effective on and as of the date of this Agreement.

Beneficial Ownership Restrictions. (a) Notwithstanding anything to the contrary set forth in this Agreement or any other Transaction Document (including, without limitation, the Notes, the Warrants Notes and the AIRsWarrants), at no time may a Purchaser convert or exercise a Security if the number of shares of Common Stock to be issued pursuant to such conversion or exercise, when aggregated with all other shares of Common Stock owned by issued to such Purchaser at such timepursuant to the Transaction Documents, would result in such Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules thereunder) in excess of 4.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon a Purchaser providing the Company Parent with sixty-one (61) days notice (the "“Waiver Notice"”) that such Purchaser would like to waive this Section 3.13(a3.12(a) with regard to any or all shares of Common Stock issuable upon conversion or exercise of any Security, this Section 3.13(a3.12(a) shall be of no force or effect with regard to those Securities referenced in the Waiver Notice; provided, further, that any Purchaser may waive this Section 3.13(a3.12(a) by so indicating on the signature page to this Agreement, any such waiver to be effective on and as of the date of this Agreement.

Beneficial Ownership Restrictions. (a) Notwithstanding anything to the contrary set forth in this Agreement or any other Transaction Document (including, without limitation, the Notes, the Warrants and the AIRsCertificate of Designation), at no time may a Purchaser convert or exercise a Security if the number of shares of Common Stock to be issued pursuant to such conversion or exercise, when aggregated with all other shares of Common Stock owned by such Purchaser at such time, would result in such Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules thereunder) in excess of 4.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon a Purchaser providing the Company with sixty-one (61) days notice (the "“Waiver Notice"”) that such Purchaser would like to waive this Section 3.13(a3.11(a) with regard to any or all shares of Common Stock issuable upon conversion or exercise of any Security, this Section 3.13(a3.11(a) shall be of no force or effect with regard to those Securities referenced in the Waiver Notice; provided, further, that any Purchaser may waive this Section 3.13(a3.11(a) by so indicating on the signature page to this Agreement, any such waiver to be effective on and as of the date of this Agreement.

Beneficial Ownership Restrictions. (a) Notwithstanding anything to the contrary set forth in this Agreement or any other Transaction Document (including, without limitation, the Notes, the Warrants Warrant and the AIRsAIR), at no time may a Purchaser convert or exercise a Security if the number of shares of Common Stock to be issued pursuant to such conversion or exerciseconversion, when aggregated with all other shares of Common Stock owned by such Purchaser at such time, would result in such Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules thereunder) in excess of 4.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon a Purchaser providing the Company with sixty-one (61) days notice (the "“Waiver Notice"”) that such Purchaser would like to waive this Section 3.13(a) with regard to any or all shares of Common Stock issuable upon conversion or exercise of any Security, this Section 3.13(a) shall be of no force or effect with regard to those Securities referenced in the Waiver Notice; provided, further, that any Purchaser may waive this Section 3.13(a) by so indicating on the signature page to this Agreement, any such waiver to be effective on and as of the date of this Agreement.