Common use of Limitations on Holdings and Issuances Clause in Contracts

Limitations on Holdings and Issuances. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed the Ownership Limitation. Promptly following any request by the Company, the Investor shall inform the Company of the number of shares of Common Stock then beneficially owned by the Investor and its Affiliates.

Limitations on Holdings and Issuances. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of which, when aggregated with all other shares of Common Stock then owned beneficially owned (as calculated pursuant to Section 13(d) of by the Exchange Act and Rule 13d-3 promulgated thereunder) Investor, would result in the beneficial ownership by the Investor and its Affiliates to exceed the Ownership Limitation. Promptly following any request by the Company, the Investor shall inform the Company of more than 9.9% of the number of then issued and outstanding shares of Common Stock then beneficially owned by the Investor and its AffiliatesStock.

Limitations on Holdings and Issuances. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed the Ownership Limitation. Promptly following any request by the Company, the Investor shall inform the Company of the number of shares of Common Stock then beneficially owned by the Investor and its Affiliates. The parties hereto hereby acknowledge and agree that the provisions of this Section 6.6 shall not be amended or waived under any circumstances.

Limitations on Holdings and Issuances. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed the Ownership Limitation. Promptly following any request by the Company, the Investor shall inform the Company of the number of shares of Common Stock then beneficially owned by the Investor and its Affiliates.

Limitations on Holdings and Issuances. The Notwithstanding any other provision of this Agreement, the Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of which, when aggregated with all other shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed affiliates, would result in the Ownership Limitation. Promptly following any request beneficial ownership by the Company, the Investor shall inform the Company of more than 4.99% of the number of then issued and outstanding shares of Common Stock then beneficially owned by the Investor and its AffiliatesStock.

Limitations on Holdings and Issuances. The Notwithstanding any other provision of this Agreement, the Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of which, when aggregated with all other shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed Affiliates, would result in the Ownership Limitation. Promptly following any request beneficial ownership by the Company, the Investor shall inform the Company of more than 9.9% of the number of then issued and outstanding shares of Common Stock then beneficially owned by the Investor and its AffiliatesStock.

Limitations on Holdings and Issuances. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed the Ownership Limitation. Promptly following The parties hereto hereby acknowledge and agree that the provisions of this Section 6.6 shall not be amended or waived under any request by the Company, the Investor shall inform the Company of the number of shares of Common Stock then beneficially owned by the Investor and its Affiliatescircumstances.

Limitations on Holdings and Issuances. The Notwithstanding any other provision of this Agreement, the Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of which, when aggregated with all other shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed affiliates, would result in the Ownership Limitationbeneficial ownership by the Investor of more than 9.9% of the then issued and outstanding shares of Common Stock. Promptly following any request by the Company, the Investor shall inform the Company of the number of shares of Common Stock then beneficially owned by the Investor and its Affiliatesaffiliates.

Limitations on Holdings and Issuances. The Notwithstanding any other provision of this Agreement, the Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of shares of Shares which, when aggregated with all other Common Stock Shares then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed Affiliates, would result in the Ownership Limitation. Promptly following any request by the Company, the Investor shall inform the Company of the number of shares of Common Stock then beneficially owned beneficial ownership by the Investor of more than 9.9% of the then issued and its Affiliatesoutstanding Common Shares.

Limitations on Holdings and Issuances. The Notwithstanding any other provision of this Agreement, the Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of which, when aggregated with all other shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed Affiliates, would result in the Ownership Limitation. Promptly following any request beneficial ownership by the Company, the Investor shall inform the Company of more than 9.8% of the number of then issued and outstanding shares of Common Stock then beneficially owned by the Investor and its AffiliatesStock.

Limitations on Holdings and Issuances. The Notwithstanding any other provision of this Agreement, the Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of which, when aggregated with all other shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed Affiliates, would result in the Ownership Limitation. Promptly following any request beneficial ownership by the Company, the Investor shall inform the Company of more than 9.9% of the number of then issued and outstanding shares of Common Stock then beneficially owned by the Investor and its AffiliatesStock.

Limitations on Holdings and Issuances. The Notwithstanding any other provision of this Agreement, the Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of which, when aggregated with all other shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed affiliates, would result in the Ownership Limitation. Promptly following any request beneficial ownership by the Company, the Investor shall inform the Company of more than 4.9% of the number of then issued and outstanding shares of Common Stock then beneficially owned by the Investor and its AffiliatesStock.

Limitations on Holdings and Issuances. The Notwithstanding any other provision of this Agreement, the Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of which, when aggregated with all other shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed Affiliates, would result in the Ownership Limitation. Promptly following any request beneficial ownership by the Company, the Investor shall inform the Company of more than 9.9% of the number of then issued and outstanding shares of Common Stock then beneficially owned by the Investor and its AffiliatesStock.

Limitations on Holdings and Issuances. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of which, when aggregated with all other shares of Common Stock then owned beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed Investor, would result in the Ownership Limitation. Promptly following any request beneficial ownership by the Company, the Investor shall inform the Company of more than 4.9% of the number of then issued and outstanding shares of Common Stock then beneficially owned by the Investor and its AffiliatesStock.

Limitations on Holdings and Issuances. The Company shall not be obligated to issue issue, and the Investor Investors shall not be obligated to purchase purchase, any shares of Common Stock which would cause the aggregate number of shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) collectively by all of the Investor Investors and its their respective Affiliates to exceed the Ownership Limitation. Promptly following any request by the Company, the each Investor shall inform the Company of the number of shares of Common Stock then beneficially owned by the such Investor and its Affiliates.

Limitations on Holdings and Issuances. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would cause the aggregate number of which, when aggregated with all other shares of Common Stock then beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Investor and its Affiliates to exceed Affiliates, would result in the Ownership Limitationbeneficial ownership by the Investor of more than 9.9% of the then issued and outstanding shares of Common Stock. Promptly following any request by the Company, the Investor shall inform the Company of the number of shares of Common Stock then beneficially owned by the Investor and its Affiliates.