Common use of Limitation on Beneficial Ownership Clause in Contracts

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall be entitled to purchase a number of Common Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) of the number of shares of the Company’s voting securities issued and outstanding.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) % of the number of shares of the Company’s voting securities Common Stock issued and outstanding.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Preferred Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) % of the number of shares of the Company’s voting securities Common Stock issued and outstanding.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) % of the number of shares of the Company’s voting securities Common Stock issued and outstandingoutstanding (based on the number of outstanding shares as of the Closing Date).

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) % of the number of shares of the Company’s voting securities issued and outstanding.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Preferred Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) % of the number of shares of the Company’s voting securities Common Stock issued and outstandingoutstanding (based on the number of outstanding shares as of the Closing Date), if converted at the initial conversion price of $1.50.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at of the Closing greater of more than nine point nine percent 9.9% (9.9%or 4.9% if such Purchaser is a bank holding company) of the number of shares of the Company’s voting securities Common Stock issued and outstandingoutstanding or any greater limit provided by the Federal Reserve applicable to such Purchaser.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Shares Securities that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at of the Closing greater of more than nine point nine percent (9.9%) % of the number of shares of the Company’s voting securities Common Stock issued and outstandingoutstanding or any greater limit provided by the Federal Reserve applicable to such Purchaser.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) % of the number of shares of the Company’s voting securities issued and outstanding.. Exhibit 10.1

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Preferred Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) 9.0% of the number of shares of the Company’s voting securities Common Stock issued and outstandingoutstanding (based on the number of outstanding shares as of December 24, 2009), if converted at the initial conversion price of $3.75.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Preferred Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (i) 9.9%) % of the number of shares of Voting Common Stock issued and outstanding or (ii) 24.9% of the total equity of the Company’s voting securities issued and outstanding.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) % of the number of shares of the Company’s voting securities Class A Common Stock issued and outstandingoutstanding (based on the number of outstanding shares as of the Closing Date).

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) % of the number of shares of the Company’s voting securities Common Stock issued and outstanding.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Preferred Shares that that, upon conversion into the Underlying Shares, would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) % of the number of shares of the Company’s voting securities issued and outstanding.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall will be entitled to purchase a number of Common Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing of more than nine point nine percent (9.9%) % of the number of shares of the Company’s 's voting securities issued and outstanding.

Limitation on Beneficial Ownership. No Purchaser (and its Affiliates or any other Persons with which it is acting in concert) shall be entitled to purchase a number of Common Shares that would result in such Purchaser becoming, directly or indirectly, the beneficial owner (as determined under Rule 13d-3 under the Exchange Act) at the Closing (and with respect to Castle Creek, after giving effect to the Secondary Acquisition) of more than nine point nine percent (9.9%) of the number of shares of the Company’s voting securities issued and outstanding.