Common use of Limitation on Exercise of Conversion Rights Clause in Contracts

Limitation on Exercise of Conversion Rights. Conversion Rights may be exercised at any time and from time to time to the extent that, upon exercise of the Conversion Rights, the exercising Limited Partner shall not Beneficially Own shares of Common Stock including shares of Common Stock to be issued in connection with the exercise of such Conversion Rights, in excess of the applicable Ownership Limit or existing Holder Limit, as such terms are defined in the Articles of Incorporation of the General Partner (the “Ownership Limit”). For purposes of computing the Ownership Limit as of any date, the Limited Partner shall be deemed to own all shares of Common Stock issuable to the Limited Partner upon the exercise of stock options granted on or before such date under the Stock Incentive Plan. If a Conversion Component Exercise Notice is delivered to the General Partner but, as a result of the Ownership Limit or as a result of restrictions contained in the Articles of Incorporation of the General Partner, the Conversion Rights cannot be exercised in full, the Conversion Component Exercise Notice shall be deemed to be modified such that the Conversion Rights shall be exercised only to the extent permitted under the Ownership Limit in accord with the Articles of Incorporation of the General Partner; with the remainder of such Conversion Rights being deemed to be Sale Rights with the corresponding portion of the Conversion Component Exercise Notice being deemed to be a Sale Component Exercise Notice.

Limitation on Exercise of Conversion Rights. Subject to Paragraphs 3 and 5 of this Exhibit C, Conversion Rights may be exercised at any time and from time to time to the extent that, upon exercise of the Conversion Rights, the exercising Limited Partner Exercising Partner, together with its Affiliates, in the aggregate, shall not Beneficially Own shares of Common Capital Stock including shares of Common Stock to be issued in connection with the exercise of such Conversion Rights, in excess of the applicable Ownership Limit or existing Holder Limit, as such terms are defined in the Articles of Incorporation nine and nine-tenths percent (9.90%) of the General Partner issued and outstanding shares of Capital Stock (the “"Ownership Limit”"). For purposes of computing the Ownership Limit as of any date, the such Limited Partner and its Affiliates shall be deemed to own all shares of Common Stock issuable to the such Limited Partner and its Affiliates upon the conversion of convertible securities held by it and the exercise of stock options granted on or before such date under the Stock Incentive Plan. If a Conversion Component Exercise Notice is delivered to the General Partner Partner, but, as a result of the Ownership Limit or as a result of restrictions contained in the Articles Certificate of Incorporation of the General Partner, the Conversion Rights cannot be exercised in full, the Conversion Component Exercise Notice shall be deemed to be modified such that the Conversion Rights shall be exercised only to the extent permitted under the Ownership Limit in accord with or under the Articles Certificate of Incorporation of the General Partner; , with the remainder of such Conversion Rights being deemed to be Sale Rights and with the corresponding portion of the Conversion Component Exercise Notice being deemed to be a Sale Component Exercise Notice.