Common use of Beneficial Ownership Restrictions Clause in Contracts

Beneficial Ownership Restrictions. Notwithstanding anything to the contrary set forth in this Agreement or any other Transaction Document, at no time may a Purchaser convert or exercise any securities of the Company 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 the Purchaser at such time, would result in the Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules promulgated thereunder) in excess of 9.99% of the then issued and outstanding shares of Common Stock outstanding at such time.

Beneficial Ownership Restrictions. Notwithstanding anything to the contrary set forth in this Agreement or any other Transaction Document, at no time may a Purchaser convert or exercise any securities of the Company 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 the Purchaser at such time, would result in the Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules promulgated thereunder) in excess of 9.9914.99% of the then issued and outstanding shares of Common Stock outstanding at such time.