Common use of Maximum Exercise of Rights Clause in Contracts

Maximum Exercise of Rights. In the event the Buyer notifies the Company that the exercise of the rights described herein or in the Warrants, or the issuance of Payment Shares or other shares of Common Stock issuable to the Holder under the terms of the Transaction Documents (collectively, “ISSUABLE SHARES”) 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 Buyer calculated in the manner described in Section 4(n) of this Agreement, then the issuance of such additional shares of common stock of the Company to such Buyer will be deferred in whole or in part until such time as such Buyer is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in herein. The determination of when such common stock may be issued shall be made by each Buyer as to only such Buyer.

Maximum Exercise of Rights. In the event the Buyer notifies the Company that the exercise of the rights described herein or in the Warrants, or the issuance of Payment Shares or other shares of Common Stock issuable to the Holder under the terms of the Transaction Documents (collectively, “ISSUABLE SHARES”) 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 Buyer calculated in the manner described in Section 4(n) of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Buyer will be deferred in whole or in part until such time as such Buyer is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in herein. The determination of when such common stock Common Stock may be issued shall be made by each Buyer as to only such Buyer.

Maximum Exercise of Rights. In the event the Buyer notifies the Company that the exercise of the rights described herein or in the Warrants, or the issuance of Payment Shares or other shares of Common Stock issuable to the Holder under the terms of the Transaction Documents (collectively, “ISSUABLE SHARES”"Issuable Shares") 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 Buyer calculated in the manner described in this Section 4(n4(j) of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Buyer will be deferred in whole or in part until such time as such Buyer is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in herein. The determination of when such common stock Common Stock may be issued shall be made by each Buyer as to only such Buyer.

Maximum Exercise of Rights. In the event the Buyer notifies the Company in writing that the exercise of the rights described herein or in the Warrantsherein, or the issuance of Payment Shares or other shares of Common Stock issuable to the Holder under the terms of the Transaction Documents (collectively, “ISSUABLE SHARESIssuable Shares”) 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 Buyer calculated in the manner described in this Section 4(n4(j) of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Buyer will be deferred in whole or in part until such time as such Buyer is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in herein. The determination of when such common stock Common Stock may be issued shall be made by each Buyer as to only such Buyer.

Maximum Exercise of Rights. In the event the Buyer notifies the Company that the exercise of the rights described herein or in the Warrants, or the issuance of Payment Shares or other shares of Common Stock issuable to the Holder Buyer under the terms of the Transaction Documents (collectively, “ISSUABLE SHARESIssuable Shares”) 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 Buyer calculated in the manner described in this Section 4(n) of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Buyer will be deferred in whole or in part until such time as such Buyer is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in hereinherein but no longer than the applicable term of the Warrants. The determination of when such common stock Common Stock may be issued shall be made by each Buyer as to only such Buyer.

Maximum Exercise of Rights. In the event the Buyer notifies the Company in writing that the exercise of the rights described herein or in the Warrants, or the issuance of Payment Shares or other shares of Common Stock issuable to the Holder under the terms of the Transaction Documents (collectively, “ISSUABLE SHARESIssuable Shares”) 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 Buyer calculated in the manner described in this Section 4(n4(j) of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Buyer will be deferred in whole or in part until such time as such Buyer is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in herein. The determination of when such common stock Common Stock may be issued shall be made by each Buyer as to only such Buyer.

Maximum Exercise of Rights. In the event the Buyer notifies the Company that the exercise of the rights described herein or in the Warrants, or the issuance of Payment Shares or other shares of Common Stock issuable to the Holder under the terms of the Transaction Documents (collectively, “ISSUABLE SHARESIssuable Shares”) 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 Buyer calculated in the manner described in Section 4(n) of this Agreement, then the issuance of such additional shares of common stock of the Company to such Buyer will be deferred in whole or in part until such time as such Buyer is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in herein. The determination of when such common stock may be issued shall be made by each Buyer as to only such Buyer.

Maximum Exercise of Rights. In the event the Buyer notifies the Company that the exercise of the rights described herein or in the Warrants, or the issuance of Payment Shares or other shares of Common Stock issuable to the Holder under the terms of the Transaction Documents (collectively, “ISSUABLE SHARESIssuable Shares”) 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 Buyer calculated in the manner described in Section 4(n) of this Agreement, then the issuance of such additional shares of common stock of the Company to such Buyer will be deferred in whole or in part until such time as such Buyer is able to beneficially own such common stock without exceeding the maximum amount set forth calculated in the manner described in herein. The determination of when such common stock may be issued shall be made by each Buyer as to only such Buyer.. ex101form8k042007.htm

Maximum Exercise of Rights. In the event the Buyer notifies the Company that the exercise of the rights described herein or in the Warrantsherein, or the issuance of Payment Shares or other shares of Common Stock issuable to the Holder under the terms of the Transaction Documents (collectively, “ISSUABLE SHARESIssuable Shares”) 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 Buyer calculated in the manner described in this Section 4(n4(j) of this Agreement, then the issuance of such additional shares of common stock Common Stock of the Company to such Buyer will be deferred in whole or in part until such time as such Buyer is able to beneficially own such common stock Common Stock without exceeding the maximum amount set forth calculated in the manner described in herein. The determination of when such common stock Common Stock may be issued shall be made by each Buyer as to only such Buyer.