Common use of Delivery Limitation Clause in Contracts

Delivery Limitation. Notwithstanding anything to the contrary in this Letter Agreement, the Company acknowledges and agrees that, on any day, Citibank (or its agent or affiliate) shall not be obligated to deliver or receive any shares of Common Stock to or from the Company and the Company shall not be entitled to receive any shares of Common Stock if such receipt or delivery would result in Citibank directly or indirectly beneficially owning (as such term is defined for purposes of Section 13(d) of the Exchange Act) at any time in excess of 4.9% of the outstanding shares of Common Stock. Any purported receipt or delivery of shares of Common Stock shall be void and have no effect to the extent (but only to the extent) that any receipt or delivery of such shares of Common Stock would result in Citibank directly or indirectly so beneficially owning in excess of 4.9% of the outstanding shares of Common Stock. If, on any day, any delivery or receipt of shares of Common Stock by Citibank (or its agent or affiliate) is not effected, in whole or in part, as a result of this provision, Citibank’s and the Company’s respective obligations to make or accept such receipt or delivery shall not be extinguished and such receipt or delivery shall be effected over time as promptly as Citibank reasonably determines that such receipt or delivery would not result in Citibank directly or indirectly beneficially owning in excess of 4.9% of the outstanding shares of Common Stock.

Delivery Limitation. Notwithstanding anything to the contrary in this Letter Agreement, the Company acknowledges and agrees that, on any day, Citibank Bank (or its agent or affiliate) shall not be obligated to deliver or receive any shares of Common Stock to or from the Company and the Company shall not be entitled to receive any shares of Common Stock if such receipt or delivery would result in Citibank Bank directly or indirectly beneficially owning (as such term is defined for purposes of Section 13(d) of the Exchange Act) at any time in excess of 4.9% of the outstanding shares of Common Stock. Any purported receipt or delivery of shares of Common Stock shall be void and have no effect to the extent (but only to the extent) that any receipt or delivery of such shares of Common Stock would result in Citibank Bank directly or indirectly so beneficially owning in excess of 4.9% of the outstanding shares of Common Stock. If, on any day, any delivery or receipt of shares of Common Stock by Citibank Bank (or its agent or affiliate) is not effected, in whole or in part, as a result of this provision, CitibankBank’s and the Company’s respective obligations to make or accept such receipt or delivery shall not be extinguished and such receipt or delivery shall be effected over time as promptly as Citibank Bank reasonably determines that such receipt or delivery would not result in Citibank Bank directly or indirectly beneficially owning in excess of 4.9% of the outstanding shares of Common Stock.

Delivery Limitation. Notwithstanding anything to the contrary in this Letter Agreement, the Company acknowledges and agrees that, on any day, Citibank Citigroup (or its agent or affiliate) shall not be obligated to deliver or receive any shares of Common Stock to or from the Company and the Company shall not be entitled to receive any shares of Common Stock if such receipt or delivery would result in Citibank Citigroup directly or indirectly beneficially owning (as such term is defined for purposes of Section 13(d) of the Exchange Act) at any time in excess of 4.9% of the outstanding shares of Common Stock. Any purported receipt or delivery of shares of Common Stock shall be void and have no effect to the extent (but only to the extent) that any receipt or delivery of such shares of Common Stock would result in Citibank Citigroup directly or indirectly so beneficially owning in excess of 4.9% of the outstanding shares of Common Stock. If, on any day, any delivery or receipt of shares of Common Stock by Citibank Citigroup (or its agent or affiliate) is not effected, in whole or in part, as a result of this provision, CitibankCitigroup’s and the Company’s respective obligations to make or accept such receipt or delivery shall not be extinguished and such receipt or delivery shall be effected over time as promptly as Citibank Citigroup reasonably determines that such receipt or delivery would not result in Citibank Citigroup directly or indirectly beneficially owning in excess of 4.9% of the outstanding shares of Common Stock.. (f)

Delivery Limitation. Notwithstanding anything to the contrary in this Letter Agreement, the Company acknowledges and agrees that, on any day, Citibank Bank of America (or its agent or affiliate) shall not be obligated to deliver or receive any shares of Common Stock to or from the Company and the Company shall not be entitled to receive any shares of Common Stock if such receipt or delivery would result in Citibank Bank of America directly or indirectly beneficially owning (as such term is defined for purposes of Section 13(d) of the Exchange Act) at any time in excess of 4.9% of the outstanding shares of Common Stock. Any purported receipt or delivery of shares of Common Stock shall be void and have no effect to the extent (but only to the extent) that any receipt or delivery of such shares of Common Stock would result in Citibank Bank of America directly or indirectly so beneficially owning in excess of 4.9% of the outstanding shares of Common Stock. If, on any day, any delivery or receipt of shares of Common Stock by Citibank Bank of America (or its agent or affiliate) is not effected, in whole or in part, as a result of this provision, CitibankBank of America’s and the Company’s respective obligations to make or accept such receipt or delivery shall not be extinguished and such receipt or delivery shall be effected over time as promptly as Citibank Bank of America reasonably determines that such receipt or delivery would not result in Citibank Bank of America directly or indirectly beneficially owning in excess of 4.9% of the outstanding shares of Common Stock.