Common use of Certain Beneficial Ownership Clause in Contracts

Certain Beneficial Ownership. The Holder shall not be entitled to exercise this Warrant to the extent that (a) the number of shares of Common Stock issuable upon such exercise and (b) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on the date of such exercise would result in beneficial ownership by the Holder and its affiliates of more than 9.99% of the outstanding shares of Common Stock on the date of such exercise. For the purposes of 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 Rule 13d-3 thereunder. Subject to the foregoing, the Holder shall not be limited to aggregate exercises of only 9.99

Certain Beneficial Ownership. The Holder shall not be entitled to exercise this Warrant to the extent that (a) the number of shares of Common Stock issuable upon such exercise and (b) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on the date of such exercise would result in beneficial ownership by the Holder and its affiliates of more than 9.994.99% of the outstanding shares of Common Stock on the date of such exercise. For the purposes of 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 Rule 13d-3 thereunder. Subject to the foregoing, the Holder shall not be limited to aggregate exercises of only 9.994.99