Common use of Holder Not Deemed a Stockholder; Limitations on Liability Clause in Contracts

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth herein, this Warrant does not entitle the Holder to any voting rights or other rights as a shareholder of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereof, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth herein, this Warrant does not entitle Prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of the Common Stock to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided in the last sentence of this Section 6, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding the foregoing sentences of this Section 6, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except Other than as expressly set forth herein, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose (other than for tax purposes), nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), ) or receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided herein (including Section 4.1), this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 5, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders it being understood that such notices or information shall be deemed to have been provided when posted on the Company’s website.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 8, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth herein, this Warrant does not entitle the Holder to any voting rights or other rights as a shareholder of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereof, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) dividends, distributions or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided herein and far common shares held directly by Holder not subject to this Warrant, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares which the Holder is then entitled to any voting rights receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth described in the certificate of incorporation or bylaws of the Corporation, or otherwise specifically provided herein, this Warrant does not entitle prior to the Holder issuance to any voting rights or other rights as a shareholder Holder of the Company until the Holder has received any Warrant Shares issuable upon the due exercise by such Holder of this Warrant pursuant Warrant, such Holder shall not be entitled to vote or receive dividends or be deemed the terms hereofholder of Common Shares for any purpose, nor shall anything contained in this Warrant be construed to confer upon the any Holder, as such, any of the rights of a stockholder of the Company Corporation or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of capital stock, reclassification of capital stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the any Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the CompanyCorporation, whether such liabilities are asserted by the Company Corporation or by creditors of the CompanyCorporation. Notwithstanding this Section 5.03, (a) the Corporation shall provide the Holders with copies of the same notices and other information given to holders of Common Shares generally, contemporaneously with the giving thereof to such holders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided herein (including Section 4(b)) or in the Investor’s Rights Agreement, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 7, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth herein, this Warrant does not entitle Prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities obligations on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities obligations are asserted by the Company or by creditors of the Company. Notwithstanding this Section 7, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth described in the certificate of incorporation or bylaws of the Corporation, or otherwise specifically provided herein, this prior to the issuance to any Holder of any Warrant does not entitle Shares upon the due exercise by the Holder to any voting rights or other rights as a shareholder of the Company until this Warrant, the Holder has received Warrant shall not be entitled to vote or receive dividends or be deemed the holder of Common Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the any Holder, as such, any of the rights of a stockholder of the Company Corporation or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of capital stock, reclassification of capital stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the any Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the CompanyCorporation, whether such liabilities are asserted by the Company Corporation or by creditors of the CompanyCorporation. Notwithstanding this Section 6.03, the Corporation shall provide the Holder with copies of the same notices and other information given to the holders of Common Shares generally, contemporaneously with the giving thereof to such holders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, or receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided herein (including Section 5(f)), this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of each Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant Agreement be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant Agreement shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this each Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of any Warrant Shares, the Holder shall not be entitled to any voting rights vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give give, or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance conveyance, or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 6, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth herein, this Warrant does not entitle Prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities obligations on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities obligations are asserted by the Company or by creditors of the Company. Notwithstanding this Section 6, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided herein (including Section 4(b)), this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give give, or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance conveyance, or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 8, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of Company or the stockholders of the Company’s affiliate, Invacare Holdings Corporation., contemporaneously with the giving thereof to such stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided herein (including Section 4(b)), this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give give, or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance conveyance, or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 8, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of Company or the stockholders of the Company’s affiliate, Invacare Holdings Corporation, contemporaneously with the giving thereof to such stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided herein (including Section 4(b) and Section 4(d)), this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give give, or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance conveyance, or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder shareholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 8, the Company shall provide the Holder with copies of the same notices and other information given to the shareholders of the Company generally, contemporaneously with the giving thereof to the shareholders. 9.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the Holder to any voting rights or other rights as a shareholder of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant for the issuance to the terms hereofHolder of the Warrant Shares, which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of shares of capital stock of the Company for any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of the Exercise Shares or Exchange Shares to any voting rights which the Holder is then entitled to receive upon the due exercise or other rights as a shareholder mandatory exchange of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 8.12, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received for any purpose as to such Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereofShares, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this ofthis Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 7, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided herein (including Section 4(a)), this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.. Notwithstanding this Section 8, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders. 9. Replacement on Loss; Division and Combination. (a)

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of any Warrant Shares, the Holder shall not be entitled to any voting rights vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give give, or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance conveyance, or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 7, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth herein, this Warrant does not entitle Prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such the liabilities are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided herein (including Section 4(a)), this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 8, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth hereinotherwise specifically provided herein (including without limitation Section 5), this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give give, or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance conveyance, or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 7 the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth herein, this Warrant does not entitle Prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities obligations on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities obligations are asserted by the Company or by creditors of the Company.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or other rights as a shareholder be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) meetings or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 9, the Company shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Holder Not Deemed a Stockholder; Limitations on Liability. Except as expressly set forth otherwise specifically provided herein, this Warrant does not entitle prior to the issuance to the Holder of the Warrant Shares to any voting rights which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not, by virtue of this Warrant, be entitled to vote or other rights as a shareholder receive dividends or be deemed the holder of shares of capital stock of the Company until the Holder has received Warrant Shares issuable upon exercise of this Warrant pursuant to the terms hereoffor any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any of the rights of a stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends (except as set forth in Section 5) or subscription rights, or otherwise. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.