Common use of Certain Exercise Restrictions Clause in Contracts

Certain Exercise Restrictions. (a) The Holder agrees not to exercise this Warrant to the extent such exercise would result in the Holder beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stock, including shares issuable upon exercise of this Warrant after application of this Section. The Holder shall have the sole authority and obligation to determine whether the restriction contained in this Section applies. The provisions of this Section may be waived by the Holder (but only as to itself and not to any other holders of the other Warrant) upon not less than 75 days prior notice to the Company (in which case, the Holder shall make such filings with the Commission, including under Regulation 13D or 13G, as are required by applicable law). The holders of the Other Warrant shall be unaffected by any such wavier.

Certain Exercise Restrictions. (a) The Holder agrees not to exercise this Warrant to the extent such exercise would result in the Holder beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stock, including shares issuable upon exercise of this Warrant after application of this Section. The Holder shall have the sole authority and obligation to determine whether the restriction contained in this Section applies. The provisions of this Section may be waived by the Holder (but only as to itself and not to any other holders of the other Warrant) upon not less than 75 days prior notice to the Company (in which case, the Holder shall make such filings with the Commission, including under Regulation 13D or 13G, as are required by applicable law). The holders of the Other Warrant shall be unaffected by any such wavier.

Certain Exercise Restrictions. (a) The Holder agrees not to exercise this Warrant to the extent such exercise would result in the Holder beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stock, including shares issuable upon exercise of this Warrant after application of this Section. The Holder shall have the sole authority and obligation to determine whether the restriction contained in this Section applies. The provisions of this Section may be waived by the Holder (but only as to itself and not to any other holders of the other Warrant) upon not less than 75 days prior notice to the Company (in which case, the Holder shall make such filings with the Commission, including under Regulation 13D or 13G, as are required by applicable law). The holders of the Other Warrant shall be unaffected by any such wavierwaiver.

Certain Exercise Restrictions. (a) The Holder agrees not to exercise this Warrant to the extent such exercise would result in the Holder beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stockcommon stock, including shares issuable upon exercise of this Warrant after application of this Section. The Holder shall have the sole authority and obligation to determine whether the restriction contained in this Section applies. The provisions of this Section may be waived by the Holder (but only as to itself and not to any other holders of the other Warrant) upon not less than 75 days prior notice to the Company (in which case, the Holder shall make such filings with the Commission, including under Regulation 13D or 13G, as are required by applicable law). The holders of the Other Warrant shall be unaffected by any such wavier.