Common use of INVESTMENT PERIOD LIMITS Clause in Contracts

INVESTMENT PERIOD LIMITS. Notwithstanding the obligations and rights of the Investor to purchase shares of Common Stock pursuant to Section 2.1 (b), (c) and (d), the aggregate Investment Amount for any Investment Period (whether pursuant to a Minimum Obligation, an Additional Purchase Notice or an Investor Call Purchase Notice or any combination thereof) shall not at the option of the Investor exceed the lesser of (x) the Minimum Obligation plus the amount set forth in any Additional Purchase Notice and Investor Call Purchase Notice with respect to such Investment Period, if any, or (y) an amount equal to the product of (I) 8% of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period times (II) the number of Trading Days in such immediately preceding Investment Period (rounded up to the next increment of $10,000), or (z) an amount equal to the product of (I) 8% of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period times (II) the number of Trading Days in which the Stock Price is above the Floor Price in such Investment Period (rounded up to the next increment of $10,000) (the lower of the amounts referred to in clause (y) and (z), the "8% Limit"); provided, however, that the Investor may waive, in whole or in part, the 8% Limit in any Investment Period.

INVESTMENT PERIOD LIMITS. Notwithstanding the obligations and rights of the Investor to purchase shares of Common Stock pursuant to Section 2.1 (b), (c) and (d), the aggregate Investment Amount for any Investment Period (whether pursuant to a Minimum Obligation, an Additional Purchase Notice or an Investor Call Purchase Notice or any combination thereof) shall not at the option of the Investor exceed the lesser of (x) the Minimum Obligation plus the amount set forth in any Additional Purchase Notice and Investor Call Purchase Notice with respect to such Investment Period, if any, or (y) an amount equal to the product of (I) 8% of the average daily aggregate Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period times (II) on which the number of Trading Days in such immediately preceding Investment Period Stock Price is above the Floor Price (rounded up to the next increment of $10,000), or (z) an amount equal to the product of (I) 8% of the average daily aggregate Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period times (II) the number of Trading Days in on which the Stock Price is above the Floor Price in such Investment Period (rounded up to the next increment of $10,000) (the lower of the amounts referred to in clause clauses (y) and (z), the "8% Limit"); provided, however, that the Investor may waive, in whole or in part, the 8% Limit in any Investment Period."

INVESTMENT PERIOD LIMITS. Notwithstanding the obligations and rights of the Investor to purchase shares of Common Stock pursuant to Section 2.1 (ba), (cb) and (dc), the aggregate Investment Amount for any Investment Period (whether pursuant to a Minimum Obligation, an Additional Purchase Notice or an Investor Call Purchase Notice or any combination thereof) shall not at the option of the Investor exceed the lesser of (x) the Minimum Obligation plus the amount set forth in any Additional Purchase Notice and Investor Call Purchase Notice with respect to such Investment Period, if any, or (y) an amount equal to the product of (I) 8% of the average daily aggregate Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period times (II) on which the number of Trading Days in Stock Price was above the Floor Price for such immediately preceding Investment Period (rounded up to the next increment of $10,000), or (z) an amount equal to the product of (I) 8% of the average daily aggregate Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period times (II) the number of Trading Days in on which the Stock Price is above the Floor Price in such Investment Period (rounded up to the next increment of $10,000) (the lower of the amounts referred to in clause clauses (y) and (z), the "8% Limit"); providedPROVIDED, howeverHOWEVER, that the Investor may waive, in whole or in part, the 8% Limit in any Investment Period.

INVESTMENT PERIOD LIMITS. Notwithstanding the obligations and rights of the Investor to purchase shares of Common Stock pursuant to Section 2.1 (ba), (cb) and (dc), the aggregate Investment Amount for any Investment Period (whether pursuant to a Minimum Obligation, an Additional Purchase Notice or an Investor Call Purchase Notice or any combination thereof) shall not at the option of the Investor exceed the lesser of (x) the Minimum Obligation plus the amount set forth in any Additional Purchase Notice and Investor Call Purchase Notice with respect to such Investment Period, if any, or (y) an amount equal to the product of eight percent (I8%) 8% of the average daily aggregate Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period times (II) on which the number of Trading Days in Stock Price was above the Floor Price for such immediately preceding Investment Period (rounded up to the next increment of $10,000), or (z) an amount equal to the product of eight percent (I8%) 8% of the average daily aggregate Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period times (II) the number of Trading Days in on which the Stock Price is above the Floor Price in such Investment Period (rounded up to the next increment of $10,000) (the lower of the amounts referred to in clause clauses (y) and (z), the "8% Limit"); provided, however, that the Investor may waive, in whole or in part, the 8% Limit in any Investment Period.

INVESTMENT PERIOD LIMITS. Notwithstanding the obligations and rights of the Investor to purchase shares of Common Stock pursuant to Section 2.1 (b2.1(b), (c) and (d), the aggregate Investment Amount for any Investment Period (whether pursuant to a Minimum Obligation, an Additional Purchase Notice or an Investor Call Purchase Notice or any combination thereof) shall not at the option of the Investor exceed the lesser of (x) the Minimum Obligation plus the amount set forth in any Additional Purchase Notice and Investor Call Purchase Notice with respect to such Investment Period, if any, or (y) an amount equal to the product of (I) 8% of the average daily aggregate Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period times (II) on which the number of Trading Days in Stock Price is above the Floor Price for such immediately preceding Investment Period (rounded up to the next increment of $10,000), or (z) an amount equal to the product of (I) 8% of the average daily aggregate Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period times (II) the number of Trading Days in on which the Stock Price is above the Floor Price in such Investment Period (rounded up to the next increment of $10,000) (the lower of the amounts referred to in clause clauses (y) and (z), the "8% Limit"); provided, however, that the Investor may waive, in whole or in part, the 8% Limit in any Investment Period."