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) 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 as described in Section 7.3 of this Agreement, then the purchase and/or issuance of such 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 in Section 7.3. 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 Section 12(a) would or 12(c) would 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 as calculated in the manner described in Section 7.3 7.2 of this Agreement, then the purchase and/or issuance of such other additional shares of 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 applicable maximum amount set forth calculated in the manner described in Section 7.37.2 of this Agreement. 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) 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 as calculated in the manner described in Section 7.3 2(d) of this Agreement, then the purchase and/or issuance of such other Common Stock common stock or Common Stock 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 common stock equivalents without exceeding the maximum amount set forth calculated in the manner described in Section 7.32(d). The determination of when such Common Stock common stock or Common Stock 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) or 12(cand 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 as described in Section 7.3 of this Agreement, then the purchase and/or issuance of such 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 in Section 7.3. 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(a11(a), 11(b) or 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 as described in Section 7.3 6.3 of this Agreement, then the purchase and/or issuance of such 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 in Section 7.36.3. 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 Section 12(a) or 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 as calculated in the manner described in Section 7.3 4(c) of this Agreementthe Certificate of Designation, then the purchase and/or issuance to Subscriber of such other additional shares of 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 Section 7.3such manner. 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) 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 as described in Section 7.3 of this Agreement7.3, then the purchase and/or issuance of such 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 the Subscriber is able to beneficially own such Common Stock or Common Stock equivalents without exceeding the maximum amount set forth in Section 7.37.3 of this Agreement. 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) 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 as described in Section 7.3 10 of this Agreementthe Warrant, then the purchase and/or issuance of such 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 the Subscriber is able to beneficially own such Common Stock or Common Stock equivalents without exceeding the maximum amount set forth in Section 7.310 of the Warrant. 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) or 12(cSection 19(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 as described in Section 7.3 9 of this Agreement, then the purchase and/or issuance of such 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 in Section 7.39. 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 Section 12(a) would or 12(c) would 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 as calculated in the manner described in Section 7.3 10 of this Agreementthe Warrant, then the purchase and/or issuance of such other additional shares of 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 applicable maximum amount set forth calculated in the manner described in Section 7.37.3 of this Agreement. 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 Section 12(a) 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 as described in Section 7.3 of this Agreement, then the purchase and/or issuance of such 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 in Section 7.3. 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) 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 as described in Section 7.3 of this Agreement, then the purchase and/or issuance of such 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 in Section 7.3. 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), 12(b) or 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 as calculated in the manner described in Section 7.3 4(c) of this Agreementthe Certificate of Designation, then the purchase and/or issuance of such other additional shares of 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 Section 7.3such manner. 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.