Common use of Exchange Limitations Clause in Contracts

Exchange Limitations. The Holder may not exchange that amount of the Note on an Exchange Date into amounts of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on such Exchange Date, and (ii) the number of shares of Common Stock issuable upon the exchange of the Note with respect to which the determination of this proviso is being made on such Exchange Date, which would result in beneficial ownership by the Holder and its affiliates of more than 9.99% of the outstanding shares of Common Stock of the Company. For the purposes of the proviso to the immediately preceding sentence, beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and Rule 13d-3 promulgated thereunder. The Holder may revoke the exchange limitation described in this Paragraph 3(a) upon 75 days prior notice to the Company. The Holder may allocate which of the equity of the Company deemed beneficially owned by the Holder shall be included in the 9.99% amount described above and which shall be allocated to the excess above 9.99%.

Exchange Limitations. The Holder may not exchange that amount of the Note on an Exchange Date into amounts of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on such Exchange Date, and (ii) the number of shares of Common Stock issuable upon the exchange of the Note with respect to which the determination of this proviso is being made on such Exchange Date, which would result in beneficial ownership by the Holder and its affiliates of more than 9.99% of the outstanding shares of Common Stock of the Company. For the purposes of the proviso to the immediately preceding sentence, beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and Rule 13d-3 promulgated thereunder. The Holder may revoke the exchange limitation described in this Paragraph 3(a) 3 upon 75 days prior notice to the Company. The Holder may allocate which of the equity of the Company deemed beneficially owned by the Holder shall be included in the 9.99% amount described above and which shall be allocated to the excess above 9.99%.

Exchange Limitations. The Holder may not exchange that amount of the Note Preferred Shares on an Exchange Date into amounts of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on such Exchange Date, and (ii) the number of shares of Common Stock issuable upon the exchange of the Note Preferred Shares with respect to which the determination of this proviso is being made on such Exchange Date, which would result in beneficial ownership by the Holder and its affiliates of more than 9.99% of the outstanding shares of Common Stock of the Company. For the purposes of the proviso to the immediately preceding sentence, beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and Rule 13d-3 promulgated thereunder. The Holder may revoke the exchange limitation described in this Paragraph 3(a) 3 upon 75 days prior notice to the Company. The Holder may allocate which of the equity of the Company deemed beneficially owned by the Holder shall be included in the 9.99% amount described above and which shall be allocated to the excess above 9.99%.