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(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 2.3 of the 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 contemplated by Section 2.2 of the Warrants. The determination of when such common stock may be issued shall be made by the 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(b11(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 2.3 8 of the 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 contemplated by Section 2.2 of the Warrantsamount. The determination of when such common stock may be issued shall be made by the 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(bSection 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 2.3 of the Warrants, then the issuance of such additional shares of Common Stock of the Company Company’s common stock to such the 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 contemplated by in Section 2.2 2.3 of the Warrants. The determination of when such common stock may be issued shall be made by the 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(bSection 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 2.3 10 of the WarrantsWarrant, 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 contemplated by calculated in the manner described in Section 2.2 10 of the WarrantsWarrant. The determination of when such common stock may be issued shall be made by the 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(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 2.3 7.3 of the Warrantsthis Agreement, then the 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 Common Stock or Common Stock equivalents without exceeding the maximum amount set forth contemplated by in Section 2.2 of the Warrants7.3. The determination of when such common stock Common Stock or Common Stock equivalents may be issued shall be made by the 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(bSection 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 2.3 of the Warrants, then the issuance of such additional shares of Common Stock of the Company Company’s common stock to such the 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 contemplated by in Section 2.2 2.3 of the Warrants. The determination of when such common stock may be issued shall be made by the each Subscriber as to only such Subscriber.

Maximum Exercise of Rights. In the event the exercise of the rights right described in Sections Section 12(a) and 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 2.3 of the WarrantsNote, 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 contemplated by calculated in the manner described in Section 2.2 2.3 of the WarrantsNote. The determination of when such common stock may be issued shall be made by the 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(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 2.3 10 of the WarrantsWarrant, 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 applicable maximum amount set forth contemplated by calculated in the manner described in Section 2.2 10 of the WarrantsWarrant. The determination of when such common stock may be issued shall be made by the 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 Section 12(a) and 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 2.3 7.3 of the Warrantsthis 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 without exceeding the maximum amount set forth contemplated by calculated in the manner described in Section 2.2 7.3 of the Warrantsthis Agreement. The determination of when such common stock may be issued shall be made by the 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(bSection 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 2.3 2(d) of the Warrantsthis 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 without exceeding the maximum amount set forth contemplated by calculated in the manner described in Section 2.2 of the Warrants2(d). The determination of when such common stock may be issued shall be made by the 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(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 2.3 7.3 of the Warrantsthis Agreement, then the 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 Common Stock or Common Stock equivalents without exceeding the maximum amount set forth contemplated by in Section 2.2 of the Warrants7.3. The determination of when such common stock Common Stock or Common Stock equivalents may be issued shall be made by the 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(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 2.3 10 of the WarrantsWarrant, 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 contemplated by calculated in the manner described in Section 2.2 10 of the WarrantsWarrant. The determination of when such common stock Common Stock may be issued shall be made by the 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(bSection 10(a) would or could result in the issuance of an amount of common stock of the Company Common Stock that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 2.3 10 of the WarrantsWarrant, 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 Common Stock without exceeding the applicable maximum amount set forth contemplated by calculated in the manner described in Section 2.2 10 of the WarrantsWarrant. The determination of when such common stock Common Stock may be issued shall be made by the each Subscriber as to only such Subscriber.