Common use of Beneficial Ownership Restrictions Clause in Contracts

Beneficial Ownership Restrictions. Subject to the Company’s rights above, in no event shall the Warrant holder be entitled to exercise any portion of this Warrant 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 the Holder at such time, would result in the Warrantholder beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules therunder) in excess of 9.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon the Warrantholder providing the Company with sixty-one (61) days notice (the “Waiver Notice”) that the Warrantholder would like to waive this Section 11 with regard to any or all shares of Common Stock issuable upon conversion or exercise of this Warrant, this Section 11 shall be of no force or effect with regard to those shares of Common Stock referenced in the Waiver Notice.

Beneficial Ownership Restrictions. Subject to the Company’s rights above, in In no event shall the Warrant holder Holder be entitled to exercise any portion of this Warrant Note 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 the Holder at such time, would result in the Warrantholder Holder beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules therunderthereunder) in excess of 9.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon the Warrantholder Holder providing the Company with sixty-one (61) days notice (the “"Waiver Notice”") that the Warrantholder Holder would like to waive the provisions of this Section 11 paragraph with regard to any or all shares of Common Stock issuable upon conversion or exercise of this WarrantNote, this Section 11 paragraph shall be of no force or effect with regard to those shares of Common Stock referenced in the Waiver Notice.

Beneficial Ownership Restrictions. Subject to the Company’s rights above, in In no event shall the Warrant holder Holder be entitled to exercise any portion of this Warrant 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 the Holder at such time, would result in the Warrantholder Holder beneficially owning (as determined in accordance with Section 13(d) of the Securities and Exchange ActAct of 1934, and the rules therunderthereunder) in excess of 9.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon the Warrantholder Holder providing the Company with sixty-one (61) days notice (the “"Waiver Notice”") that the Warrantholder Holder would like to waive this Section 11 2(h) with regard to any or all shares of Common Stock issuable upon conversion or exercise of this Warrant, this Section 11 2(h) shall be of no force or effect with regard to those shares of Common Stock referenced in the Waiver Notice.

Beneficial Ownership Restrictions. Subject to the Company’s rights above, in In no event shall the Warrant holder Holder be entitled to exercise any portion of this Warrant 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 the Holder at such time, would result in the Warrantholder Holder beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act, and the rules therunderthereunder) in excess of 9.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon the Warrantholder Holder providing the Company with sixty-one (61) days notice (the “"Waiver Notice”") that the Warrantholder Holder would like to waive the provisions of this Section 11 paragraph with regard to any or all shares of Common Stock issuable upon conversion or exercise of this Warrant, this Section 11 paragraph shall be of no force or effect with regard to those shares of Common Stock referenced in the Waiver Notice.

Beneficial Ownership Restrictions. Subject to the Company’s rights above, in In no event shall the Warrant holder Lender be entitled to exercise any portion of this Warrant Note 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 the Holder Lender at such time, would result in the Warrantholder Lender beneficially owning (as determined in accordance with Section 13(d) of the Securities and Exchange ActAct of 1934, and the rules therunderthereunder) in excess of 9.99% of the then issued and outstanding shares of Common Stock outstanding at such time; provided, however, that upon the Warrantholder Lender providing the Company with sixty-one (61) days notice (the “"Waiver Notice”") that the Warrantholder Lender would like to waive this Section 11 4(f) with regard to any or all shares of Common Stock issuable upon conversion or exercise of this WarrantNote, this Section 11 4(f) shall be of no force or effect with regard to those shares of Common Stock referenced in the Waiver Notice.