Common use of Maximum Exercise of Rights Clause in Contracts

Maximum Exercise of Rights. In the event the exercise of the right described in Section 12(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 2.3 of the Note, 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 2.3

Maximum Exercise of Rights. In the event the exercise of the right rights described in Section 12(a) 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 2.3 10 of the NoteWarrants, 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 2.310 of the Warrants and notifies the Company accordingly.

Maximum Exercise of Rights. In the event the exercise of the right rights described in Section 12(a) 9 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 6(c) of the NoteCertificate, then the issuance of such additional shares of common stock of the Company Common Stock to such Subscriber will be deferred in whole or in part until such time as such Subscriber is are able to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 2.3Section 6(c) of the Certificate and notifies the Company accordingly.

Maximum Exercise of Rights. In the event the exercise of the right rights described in Section 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 2.2 of the NoteWarrants, 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 contemplated by Section 2.32.2

Maximum Exercise of Rights. In the event the exercise of the right rights described in Section 12(a) 7 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 result in the manner described in Section 2.3 Subscriber being the beneficial owner of more than 4.99% of the NoteCompany outstanding Common Stock (“Maximum Ownership Amount”), then the issuance of such additional shares of common stock of the Company Common Stock 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 Maximum Ownership Amount and such Subscriber notifies the manner described in Section 2.3Company accordingly.

Maximum Exercise of Rights. In the event the exercise of the right rights described in Section 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 as described in Section 2.3 7.3 of the Notethis 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 2.37.3.

Maximum Exercise of Rights. In the event the exercise of the right described in Section 12(a9(p) 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 Note, 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 2.3

Maximum Exercise of Rights. In the event the exercise of the right rights described in Section 12(a) 9 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 6(c) of the NoteCertificate, then the issuance of such additional shares of common stock of the Company Common Stock to such Subscriber will be deferred in whole or in part until such time as such Subscriber is are able to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 2.36(c) of the Certificate and notifies the Company accordingly.

Maximum Exercise of Rights. In the event the exercise of the right rights described in Section 12(aSections 10(a) and 10(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 such Subscriber calculated in the manner described in Section 2.3 owning more than 4.9% of the Noteshares of Common Stock issued and outstanding, 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 4.9% of the maximum amount set forth calculated in shares of Common Stock issued and outstanding and notifies the manner described in Section 2.3Company accordingly.

Maximum Exercise of Rights. In the event the exercise of the right rights described in Section 12(a) 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 Subscribers calculated in the manner described in Section 2.3 7.3 of the Notethis Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Subscriber Subscribers will be deferred in whole or in part until such time as such Subscriber is Subscribersare able to beneficially own such common stock Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 2.37.3 of this Agreement and notifies the Company accordingly.