Common use of Maximum Exercise of Rights Clause in Contracts

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 10(a) would or could result in the issuance of an amount of Common Stock that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 10 of the Warrant, then the issuance of such additional shares of 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 without exceeding the applicable maximum amount set forth calculated in the manner described in Section 10 of the 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 Section 10(a12(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 as described in Section 10 7.3 of the Warrantthis 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 or Common Stock equivalents without exceeding the applicable maximum amount set forth calculated in the manner described in Section 10 of the Warrant7.3. 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 right described in Section 10(a12(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 10 2.3 of the WarrantNote, 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 10 2.3 of the WarrantNote. 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 Section 10(a19(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 as described in Section 10 9 of the Warrantthis 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 applicable maximum amount set forth calculated in the manner described in Section 10 of the Warrant9. 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 Section 10(a12(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 as described in Section 10 7.3 of the Warrantthis 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 or Common Stock equivalents without exceeding the applicable maximum amount set forth calculated in the manner described in Section 10 of the Warrant7.3. 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.