Common use of Limitation on Conversion Clause in Contracts

Limitation on Conversion. Notwithstanding anything to the -------------------------- contrary contained herein, the number of shares of Common Stock that may be acquired by a Holder upon any conversion of this Debenture (or otherwise in respect hereof) shall be limited to the extent necessary to insure that, following such conversion (or other issuance), the total number of shares of Common Stock then beneficially owned by such Holder and its affiliates and any other Persons whose beneficial ownership of Common Stock would be aggregated with such Holder's for purposes of Section 13(d) of the Exchange Act, does not exceed 9.999% of the total number of issued and outstanding shares of Common Stock (including for such purpose the shares of Common Stock issuable upon such conversion). For such purposes, beneficial ownership shall be determined in accordance with Section 13(d) of the Exchange Act and the rules and regulations promulgated thereunder. Each delivery of a Conversion Notice hereunder will constitute a representation by the applicable Holder that it has evaluated the limitation set forth in this paragraph and determined that issuance of the full number of Underlying Shares issuable in respect of such Holder Conversion Notice does not violate the restriction contained in this paragraph. This provision shall not restrict the number of shares of Common Stock which a Holder may receive or beneficially own in order to determine the amount of securities or other consideration that such Holder may receive in the event of a merger, sale or other business combination or reclassification involving the Company as contemplated herein.

Limitation on Conversion. (a) Notwithstanding anything to the -------------------------- contrary contained herein, the number of shares of Common Stock that may be acquired by a any Holder upon any conversion of this Debenture Series D Preferred Stock (or otherwise in respect hereofof the Series D Preferred Stock) shall be limited to the extent necessary to insure that, following such conversion (or other issuance), the total number of shares of Common Stock then beneficially owned by such Holder and its affiliates Affiliates and any other Persons whose beneficial ownership of Common Stock would be aggregated with such the Holder's ’s for purposes of Section 13(d) of the Exchange Act, does not exceed 9.9994.999% (the “Maximum Percentage”) of the total number of issued and outstanding shares of Common Stock (including for such purpose the shares of Common Stock issuable upon such conversion). For such purposes, (i) beneficial ownership shall be determined in accordance with Section 13(d) of the Exchange Act and the rules and regulations promulgated thereunder, and (ii) no Holder shall be allowed to assert beneficial ownership of the securities of the Corporation in combination with one or more other Holders for purposes of asserting that the Maximum Percentage has been reached. Each delivery of a Conversion Notice hereunder by a Holder will constitute a representation by the applicable such Holder that it has evaluated the limitation set forth in this paragraph and determined that issuance of the full number of Underlying Shares issuable requested in respect of such Holder Conversion Notice does not violate the restriction contained in is permitted under this paragraph. This provision shall not restrict By written notice to the number of shares of Common Stock which a Corporation, any Holder may receive waive the provisions of this Section or beneficially own increase or decrease the Maximum Percentage to any other percentage specified in order such notice, but (i) any such waiver or increase will not be effective until the 61st day after such notice is delivered to determine the amount of securities Corporation, and (ii) any such waiver or other consideration that increase or decrease will apply only to such Holder may receive in the event of a merger, sale or and not to any other business combination or reclassification involving the Company as contemplated hereinHolder.

Limitation on Conversion. (a) Notwithstanding anything to the -------------------------- contrary contained herein, the number of shares of Common Stock that may be acquired by a any Holder upon any conversion of this Debenture Preferred Stock (or otherwise in respect hereofof the Preferred Stock) shall be limited to the extent necessary to insure that, following such conversion (or other issuance), the total number of shares of Common Stock then beneficially owned by such Holder and its affiliates Affiliates and any other Persons whose beneficial ownership of Common Stock would be aggregated with such the Holder's for purposes of Section 13(d) of the Exchange Act, does not exceed 9.9994.999% (the "Maximum Percentage") of the total number of issued and outstanding shares of Common Stock (including for such purpose the shares of Common Stock issuable upon such conversion). For such purposes, beneficial ownership shall be determined in accordance with Section 13(d) of the Exchange Act and the rules and regulations promulgated thereunder. Each delivery of a Conversion Notice hereunder by a Holder will constitute a representation by the applicable such Holder that it has evaluated the limitation set forth in this paragraph and determined that issuance of the full number of Underlying Shares issuable requested in respect of such Holder Conversion Notice does not violate the restriction contained in is permitted under this paragraph. This provision shall not restrict By written notice to the number of shares of Common Stock which a Company, any Holder may receive waive the provisions of this Section or beneficially own increase or decrease the Maximum Percentage to any other percentage specified in order such notice, but (i) any such waiver or increase will not be effective until the 61st day after such notice is delivered to determine the amount of securities Company, and (ii) any such waiver or other consideration that increase or decrease will apply only to such Holder may receive in the event of a merger, sale or and not to any other business combination or reclassification involving the Company as contemplated hereinHolder.

Limitation on Conversion. (a) Notwithstanding anything to the -------------------------- contrary contained herein, the number of shares of Common Stock that may be acquired by a any Holder upon any conversion of this Debenture Series C Preferred Stock (or otherwise in respect hereofof the Series C Preferred Stock) shall be limited to the extent necessary to insure that, following such conversion (or other issuance), the total number of shares of Common Stock then beneficially owned by such Holder and its affiliates Affiliates and any other Persons whose beneficial ownership of Common Stock would be aggregated with such the Holder's ’s for purposes of Section 13(d) of the Exchange Act, does not exceed 9.999% (the “Maximum Percentage”) of the total number of issued and outstanding shares of Common Stock (including for such purpose the shares of Common Stock issuable upon such conversion). For such purposes, beneficial ownership shall be determined in accordance with Section 13(d) of the Exchange Act and the rules and regulations promulgated thereunder. Each delivery of a Conversion Notice hereunder by a Holder will constitute a representation by the applicable such Holder that it has evaluated the limitation set forth in this paragraph and determined that issuance of the full number of Underlying Shares issuable requested in respect of such Holder Conversion Notice does not violate the restriction contained in is permitted under this paragraph. This provision shall not restrict By written notice to the number of shares of Common Stock which a Corporation, any Holder may receive waive the provisions of this Section or beneficially own increase or decrease the Maximum Percentage to any other percentage specified in order such notice, but (i) any such waiver or increase will not be effective until the 61st day after such notice is delivered to determine the amount of securities Corporation, and (ii) any such waiver or other consideration that increase or decrease will apply only to such Holder may receive in the event of a merger, sale or and not to any other business combination or reclassification involving the Company as contemplated hereinHolder.