Common use of Limit on Beneficial Ownership Clause in Contracts

Limit on Beneficial Ownership. Notwithstanding any other provisions hereof, JPMorgan may not exercise any Warrant hereunder or be entitled to take delivery of any Shares deliverable hereunder, and Automatic Exercise shall not apply with respect to any Warrant hereunder, to the extent (but only to the extent) that, after such receipt of any Shares upon the exercise of such Warrant or otherwise hereunder, JPM Group. would directly or indirectly beneficially own (as such term is defined for purposes of Section 13(d) of the Exchange Act) in excess of 7.5% of the then outstanding Shares. Any purported delivery hereunder shall be void and have no effect to the extent (but only to the extent) that, after such delivery, JPM Group would directly or indirectly so beneficially own in excess of 7.5% of the then outstanding Shares. If any delivery owed to JPMorgan hereunder is not made, in whole or in part, as a result of this provision, Company’s obligation to make such delivery shall not be extinguished and Company shall make such delivery as promptly as practicable after, but in no event later than one Business Day after, JPMorgan gives notice to Company that, after such delivery, JPM Group would not directly or indirectly so beneficially own in excess of 7.5% of the then outstanding Shares.

Limit on Beneficial Ownership. Notwithstanding any other provisions hereof, JPMorgan Bank may not exercise any Warrant hereunder or be entitled to take delivery of any Shares deliverable hereunder, and Automatic Exercise shall not apply with respect to any Warrant hereunder, to the extent (but only to the extent) that, after such receipt of any Shares upon the exercise of such Warrant or otherwise hereunder, JPM Group. the Bank Group would directly or indirectly beneficially own (as such term is defined for purposes of Section 13(d) of the Exchange Act) in excess of 7.58.0% of the then outstanding Shares. Any purported delivery hereunder shall be void and have no effect to the extent (but only to the extent) that, after such delivery, JPM the Bank Group would directly or indirectly so beneficially own in excess of 7.58.0% of the then outstanding Shares. If any delivery owed to JPMorgan Bank hereunder is not made, in whole or in part, as a result of this provision, Company’s obligation to make such delivery shall not be extinguished and Company shall make such delivery as promptly as practicable after, but in no event later than one Business Day after, JPMorgan Bank gives notice to Company that, after such delivery, JPM the Bank Group would not directly or indirectly so beneficially own in excess of 7.58.0% of the then outstanding Shares.

Limit on Beneficial Ownership. Notwithstanding any other provisions hereof, JPMorgan Bank may not exercise any Warrant hereunder or be entitled to take delivery of any Underlying Shares deliverable hereunder, and Automatic Exercise shall not apply with respect to any Warrant hereunder, to the extent (but only to the extent) that, after such receipt of any Underlying Shares upon the exercise of such Warrant or otherwise hereunder, JPM Group. the Bank Group would directly or indirectly beneficially own (as such term is defined for purposes of Section 13(d) of the Exchange Act) in excess of 7.59.5% of the then outstanding Shares. Any purported delivery hereunder shall be void and have no effect to the extent (but only to the extent) that, after such delivery, JPM the Bank Group would directly or indirectly so beneficially own in excess of 7.59.5% of the then outstanding Shares. If any delivery owed to JPMorgan Bank hereunder is not made, in whole or in part, as a result of this provision, Company’s obligation to make such delivery shall not be extinguished and Company shall make such delivery as promptly as practicable after, but in no event later than one Business Day after, JPMorgan Bank gives notice to Company that, after such delivery, JPM the Bank Group would not directly or indirectly so beneficially own in excess of 7.59.5% of the then outstanding Shares.

Limit on Beneficial Ownership. Notwithstanding any other provisions hereof, JPMorgan Bear Stearns may not exercise any Warrant hereunder or be entitled to take delivery of any Shares deliverable hereunder, and Automatic Exercise Autoxxxxx Xxercise shall not apply with respect to any Warrant hereunderthereto, to the extent (but only to the extent) that, after that such receipt of any Shares upon the exercise of such Warrant or otherwise hereunder, JPM Group. would result in Bear Stearns directly or indirectly beneficially own owning (as such term xxxm is defined for purposes of Section 13(d) of the Exchange Act) at any time in excess of 7.59.0% of the then outstanding Shares. Any purported delivery hereunder shall be void and have no effect to the extent (but only to the extent) that, after that such delivery, JPM Group delivery would result in Bear Stearns directly or indirectly so beneficially own owning in excess xxxxxx of 7.59.0% of the then outstanding Shares. If any delivery owed to JPMorgan Bear Stearns hereunder is not made, in whole or in part, as a result xxxxxx of this provision, the Company’s 's obligation to make such delivery shall not be extinguished and the Company shall make such delivery as promptly as practicable after, but in no event later than one Business Day after, JPMorgan Bear Stearns gives notice to the Company that, after that such delivery, JPM Group would not delivery wxxxx xxt result in Bear Stearns directly or indirectly so beneficially own owning in excess xxxxxx of 7.59.0% of the then outstanding Shares.

Limit on Beneficial Ownership. Notwithstanding any other provisions hereof, JPMorgan Dealer may not exercise any Warrant hereunder or be entitled to take delivery of any Shares deliverable hereunder, and Automatic Exercise shall not apply with respect to any Warrant hereunderthereto, to the extent (but only to the extent) that, after such receipt of any Shares upon the exercise of such Warrant or otherwise hereunderreceipt, JPM Group. Dealer would directly or indirectly beneficially own (as such term is defined for purposes of Section 13(d) of the Exchange Act) or “own or control” (within the meaning of Article 12 Section 2 of the Company’s Certificate of Incorporation) in excess of 7.59.0% of the then outstanding Shares. Any purported delivery hereunder shall be void and have no effect to the extent (but only to the extent) that, after such delivery, JPM Group Dealer would directly or indirectly so beneficially own, or so own or control, in excess of 7.59.0% of the then outstanding Shares. If any delivery owed to JPMorgan Dealer hereunder is not made, in whole or in part, as a result of this provision, Company’s obligation to make such delivery shall not be extinguished and Company shall make such delivery as promptly as practicable after, but in no event later than one Business Day after, JPMorgan Dealer gives notice to Company that, after such delivery, JPM Group Dealer would not directly or indirectly so beneficially own, or so own or control, in excess of 7.59.0% of the then outstanding Shares.

Limit on Beneficial Ownership. Notwithstanding any other provisions hereof, JPMorgan Dealer may not exercise any Warrant hereunder or be entitled to take delivery of any Shares deliverable hereunder, and Automatic Exercise shall not apply with respect to any Warrant hereunderthereto, to the extent (but only to the extent) that, after such receipt of any Shares upon the exercise of such Warrant or otherwise hereunderreceipt, JPM Group. The Bear Xxxxxxx Companies Inc. (“Bear Xxxxxxx”) would directly or indirectly beneficially own (as such term is defined for purposes of Section 13(d) of the Exchange Act) or “own or control” (within the meaning of Article 12 Section 2 of the Company’s Certificate of Incorporation) in excess of 7.54.9% of the then outstanding Shares. Any purported delivery hereunder shall be void and have no effect to the extent (but only to the extent) that, after such delivery, JPM Group Bear Xxxxxxx would directly or indirectly so beneficially own, or so own or control, in excess of 7.54.9% of the then outstanding Shares. If any delivery owed to JPMorgan Dealer hereunder is not made, in whole or in part, as a result of this provision, Company’s obligation to make such delivery shall not be extinguished and Company shall make such delivery as promptly as practicable after, but in no event later than one Business Day after, JPMorgan Dealer gives notice to Company that, after such delivery, JPM Group Bear Xxxxxx would not directly or indirectly so beneficially own, or so own or control, in excess of 7.54.9% of the then outstanding Shares.