Investment Amount Limitation Sample Clauses

Investment Amount Limitation. On each Draw Down Date, the Investment Amount specified in the applicable Draw Down Notice may not exceed the dollar amount which would result in a number of Draw Down Shares then to be purchased by the Investor (for purposes of this Section 6.02(k), assuming that such number of Draw Down Shares to be issued pursuant to such Draw Down Notice equals the Investment Amount specified in such Draw Down Notice, divided by the Floor Price) which would cause the Investor not to satisfy the conditions set forth in the following two sentences. Notwithstanding any other provision of this Agreement, the aggregate number of Common Shares issuable to the Investor in respect of a Draw Down, together with the shares of Common Stock then beneficially owned (as defined in the Exchange Act) by the Investor and its affiliates (excluding shares of Common Stock otherwise deemed beneficially owned as a result of the convertibility of the shares of the Series B Convertible Preferred Stock held by the Investor or its affiliates), shall not exceed 4.9% of the total outstanding shares of Common Stock as of such date (the "4.9% Limitation"). In addition, notwithstanding any other provision of this Agreement during any consecutive 61-day period the Investor (together with its affiliates) may not be issued Common Shares to the extent such purchase, when combined with prior conversions of the Investor's shares of the Company's Series B Convertible Preferred Stock or exercises of its warrants to purchase the Company's Common Stock would in the aggregate exceed a number of shares of Common Stock exceeding 9.9% of the Company's issued and outstanding shares of Common Stock as of the first of such 61-day period nor may the Investor sell shares of Common Stock (whether acquired upon conversion of the Series B Convertible Preferred Stock, exercise of warrants, pursuant to this Agreement or otherwise in excess of 9.9% of the Company's issued and outstanding shares of Common Stock as of the first day of such 61-day period (the "9.9% Limitation"). The foregoing limitations may not be waived, amended or modified. The Company shall have no obligation to monitor compliance with the foregoing limitations. In the event the issuance of the full number of Common Shares pursuant to a Draw Down Notice (assuming the Common Shares were to issued based on the Floor Price specified in such Draw Down Notice) would cause the Investor to be in violation of the foregoing limitations, the Investor shall within on...

Investment Amount Limitation. On each Draw Down Date, the Investment Amount specified in the applicable Draw Down Notice may not exceed the dollar amount which would result in a number of Draw Down Shares then to be purchased by IFG (for purposes of this Section 6.2(m), assuming that such number of Draw Down Shares to be issued pursuant to such Draw Down Notice equals the Investment Amount specified in such Draw Down Notice, divided by eighty-five percent (85%) of the Floor Price) which, when aggregated with all shares of Common Stock then owned by IFG beneficially or deemed beneficially owned by IFG (excluding shares which may become issuable pursuant to future Draw Downs hereunder and excluding shares which may be deemed beneficially owned through the ownership of the unexercised Warrants), would result in the beneficial ownership by IFG of more than 9.9% of the then Outstanding Shares on such Draw Down Date. For purposes of the immediately preceding sentence, beneficial ownership shall be determined in accordance with Section 13(d) of the Exchange Act and Regulation 13D-G thereunder, except as otherwise provided above with respect to the exclusion of shares which may become issuable pursuant to future Draw Downs.