Common use of Limitations on Holdings and Issuances Clause in Contracts

Limitations on Holdings and Issuances. At no time during the term of this Agreement shall the Investor directly or indirectly own more than 9.9% of the then issued and outstanding shares of Common Stock. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would result in the issuance under this Agreement to the Investor at any time of Shares which, when aggregated with all other shares of Common Stock then owned beneficially by the Investor, would result in the beneficial ownership by the Investor of more than 9.9% of the then issued and outstanding shares of the Common Stock.

Limitations on Holdings and Issuances. At no time during the term Notwithstanding any other provision of this Agreement shall Agreement, the Investor directly or indirectly own more than 9.9% of the then issued and outstanding shares of Common Stock. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would result in the issuance under this Agreement to the Investor at any time of Shares which, when aggregated with all other shares of Common Stock then beneficially owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the InvestorInvestor and its affiliates, would result in the beneficial ownership by the Investor of more than 9.94.99% of the then issued and outstanding shares of the Common Stock.

Limitations on Holdings and Issuances. At no time during the term of this Agreement shall the Investor Purchaser directly or indirectly own more than 9.9% fourteen and nine-tenths percent (14.9%) of the then issued and outstanding shares of Common Stock. The Company shall will not be obligated to issue and the Investor shall Purchaser will not be obligated to purchase any shares of the Common Stock which would result in the issuance under this Agreement to the Investor Purchaser at any time of Shares which, when aggregated with all other shares of Common Stock then owned beneficially by the Investor, would result in the beneficial ownership by the Investor of more than 9.9% fourteen and nine-tenths percent (14.9%) of the then issued and outstanding shares of the Common Stock.

Limitations on Holdings and Issuances. At no time during the term of this Agreement shall the Investor directly or indirectly own more than 9.9% of the then issued and outstanding shares of Common StockShares. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock Shares which would result in the issuance under this Agreement to the Investor at any time of Shares which, when aggregated with all other shares of Common Stock Shares then owned beneficially by the Investor, would result in the beneficial ownership by the Investor of more than 9.9% of the then issued and outstanding shares of the Common StockShares.

Limitations on Holdings and Issuances. At no time during the term Notwithstanding any other provision of this Agreement shall Agreement, the Investor directly or indirectly own more than 9.9% of the then issued and outstanding shares of Common Stock. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would result in the issuance under this Agreement to the Investor at any time of Shares which, when aggregated with all other shares of Common Stock then beneficially owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the InvestorInvestor and its Affiliates, would result in the beneficial ownership by the Investor of more than 9.9% of the then issued and outstanding shares of the Common Stock.

Limitations on Holdings and Issuances. At no time during the term of this Agreement shall the Investor Purchaser directly or indirectly beneficially own (as defined in the Rights Agreement) more than 9.9% fourteen and nine-tenths percent (14.9%) of the then issued and outstanding shares of Common Stock. The Company shall will not be obligated to issue and the Investor shall Purchaser will not be obligated to purchase any shares of the Common Stock which would result in the issuance under this Agreement to the Investor Purchaser at any time of Shares which, when aggregated with all other shares of Common Stock then owned beneficially by the Investor, would result in the beneficial ownership by the Investor of more than 9.9% fourteen and nine-tenths percent (14.9%) of the then issued and outstanding shares of the Common Stock.

Limitations on Holdings and Issuances. At no time during the term of this Agreement shall the Investor Purchaser directly or indirectly own more than 9.9% fourteen and nine-tenths percent (14.9%) of the then issued and outstanding shares of Common Stock. The Company shall will not be obligated to issue and the Investor shall Purchaser will not be obligated to purchase any shares of the Common Stock which would result in the issuance under this Agreement to the Investor Purchaser at any time of Shares which, when aggregated with all other shares of Common Stock then owned beneficially by the Investor, would result in the beneficial ownership by the Investor of more than 9.9% fourteen and nine-tenths percent (14.9%) of the then issued and outstanding shares of the Common Stock.

Limitations on Holdings and Issuances. At no time during the term Notwithstanding any other provision of this Agreement shall Agreement, the Investor directly or indirectly own more than 9.9% of the then issued and outstanding shares of Common Stock. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would result in the issuance under this Agreement to the Investor at any time of Shares which, when aggregated with all other shares of Common Stock then beneficially owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the InvestorInvestor and its affiliates, would result in the beneficial ownership by the Investor of more than 9.94.9% of the then issued and outstanding shares of the Common Stock.

Limitations on Holdings and Issuances. At no time during the ------------------------------------- term of this Agreement shall the Investor Purchaser directly or indirectly own more than 9.9% fourteen and nine-tenths percent (14.9%) of the then issued and outstanding shares of Common Stock. The Company shall will not be obligated to issue and the Investor shall Purchaser will not be obligated to purchase any shares of the Common Stock which would result in the issuance under this Agreement to the Investor Purchaser at any time of Shares which, when aggregated with all other shares of Common Stock then owned beneficially by the Investor, would result in the beneficial ownership by the Investor of more than 9.9% fourteen and nine-tenths percent (14.9%) of the then issued and outstanding shares of the Common Stock.

Limitations on Holdings and Issuances. At no time during the term of this Agreement shall the Investor directly or indirectly own more than 9.9% of the then issued and in outstanding shares of the Common Stock. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would result in the issuance under this Agreement to the Investor at any time of Shares which, when aggregated with all other shares of Common Stock then owned beneficially by the Investor, would result in the beneficial ownership by the Investor of more than 9.9% of the then issued and in outstanding shares of the Common Stock.

Limitations on Holdings and Issuances. At no time during the term of this Agreement shall the Investor directly or indirectly own more than nine and nine-tenths percent (9.9% %) of the then issued and outstanding shares of Common Stock. The Company shall not be obligated to issue and the Investor shall not be obligated to purchase any shares of Common Stock which would result in the issuance under this Agreement to the Investor at any time of Shares which, when aggregated with all other shares of Common Stock then owned beneficially by the Investor, would result in the beneficial ownership by the Investor of more than nine and nine-tenths percent (9.9% %) of the then issued and outstanding shares of the Common Stock.