Common use of Maximum Exercise of Rights Clause in Contracts

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c12(b) would or could result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c12(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a), 12(b) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a), 12(c) and 12(c12(e) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(cor 12(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner as described in Section 7.3 of this Agreement, then the purchase and/or issuance of such additional shares of common stock other Common Stock or Common Stock equivalents of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock or Common Stock equivalents without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement7.3. The determination of when such common stock Common Stock or Common Stock equivalents may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c12(b) would or could result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections Section 12(a) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(cor 12(b) would or could result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections Section 12(a) and 12(cSection 12(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 6.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 6.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and or 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner as described in Section 7.3 of this Agreement, then the purchase and/or issuance of such additional shares of common stock other Common Stock or Common Stock equivalents of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock or Common Stock equivalents without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement7.3. The determination of when such common stock Common Stock or Common Stock equivalents may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(cSection 11(a) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a), 12(c) and 12(c12(d) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a11(a) and 12(c11(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a12(b), 12(d) and 12(c12(e) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections Section 12(a) and 12(cor 12(b) would or could result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c12(b) would result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c12(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 2.2 of this Agreementthe Warrants, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in contemplated by Section 2.2 of the manner described in Section 7.3 of this AgreementWarrants. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a), 12(b), 12(c) and 12(c12(d) would result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(cor 12(b) would or could result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c12(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 2.3 of this Agreementthe Warrants, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in contemplated by Section 2.2 of the manner described in Section 7.3 of this AgreementWarrants. The determination of when such common stock may be issued shall be made by each the Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a), 12(b) and 12(c) would result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(cSection 9(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a the Subscriber calculated in the manner described in Section 7.3 2.3 of this Agreementthe Warrants, then the issuance of such additional shares of the Company’s common stock of to the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 2.3 of this Agreementthe Warrants. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections Section 12(a) and 12(c) would result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 4(c) of this Agreementthe Certificate of Designation, then the issuance to Subscriber of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreementsuch manner. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a11(a) and 12(c11(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 8 of this Agreementthe Warrants, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreementamount. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections Section 12(a) and 12(c) would or could result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 7.2 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 7.2 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a11(a), 11(b) and 12(cor 11(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner as described in Section 7.3 6.3 of this Agreement, then the purchase and/or issuance of such additional shares of common stock other Common Stock or Common Stock equivalents of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock or Common Stock equivalents without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement6.3. The determination of when such common stock Common Stock or Common Stock equivalents may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and or 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 2(d) of this Agreement, then the purchase and/or issuance of such additional shares of other common stock or common stock equivalents of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock or common stock equivalents without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement2(d). The determination of when such common stock or common stock equivalents may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c12(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner as described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock other Common Stock or Common Stock equivalents of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock or Common Stock equivalents without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement7.3. The determination of when such common stock Common Stock or Common Stock equivalents may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections Section 12(a) and 12(cor 12(b) would or could result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(cSection 10(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and Section 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 2(d) of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement2(d). The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights ----------------------------- described in Sections 12(a) and or 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner as described in Section 7.3 of this Agreement, then the purchase and/or issuance of such additional shares of common stock other Common Stock or Common Stock equivalents of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock or Common Stock equivalents without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement7.3. The determination of when such common stock Common Stock or Common Stock equivalents may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a11(a) and 12(c11(b) would result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections Section 12(a) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a14(a) and 12(c14(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 9.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 9.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event -------------------------- the exercise of the rights described in Sections Section 12(a) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections Section 12(a) and 12(c) would or could result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber pursuant to Section 12(c) will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber. Each Subscriber will not be permitted to exercise the rights described in Section 12(a) in excess of the amount calculated pursuant to Section 7.3 of this Agreement.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(cor 12(b) would or could result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able permitted to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the -------------------------- rights described in Sections 12(a) and 12(cor 12(b) would or could result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(cSection 10(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights -------------------------- described in Sections 12(a) and 12(cSection 13(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber Purchaser calculated in the manner described in Section 7.3 8.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber Purchaser will be deferred in whole or in part until such time as such Subscriber Purchaser is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 8.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber Purchaser as to only such SubscriberPurchaser.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(cor 12(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections Section 12(a) and 12(c) would or could result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber. This section shall not be applicable to Longview Fund L.P. and its Affiliates.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a11(a), 11c) and 12(c11d) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 6.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 6.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a), 12(b) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a), 12(b) and 12(c) would result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 4(c) of this Agreementthe Certificate of Designation, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreementsuch manner. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a), 12(b) and or 12(c) would or could result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a), 12(b) and 12(c) would result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth forth, calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber only as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights ----------------------------- described in Sections 12(a), 12(c) and 12(c12(e) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber. 13.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(c12(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections Section 12(a) and 12(c) would or could result in the issuance of an amount of common stock Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement. The determination of when such common stock Common Stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(a) and 12(cSection 8(b) would result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a the Subscriber calculated in the manner described in Section 7.3 2.3 of this Agreementthe Warrants, then the issuance of such additional shares of the Company’s common stock of to the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in Section 7.3 2.3 of this Agreementthe Warrants. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights described in Sections 12(aSection 13(a) and 12(cor 13(b) would or could result in the issuance of an amount of common stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 8.3 of this Agreement, then the issuance of such additional shares of common stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such common stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 8.3 of this Agreement. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.