Common use of Maximum Exercise Clause in Contracts

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation is being made

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date nor may the Company exercise its right to give a Call Notice (as defined in Section 11) in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise datedate or Call Date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation is being mademade on an exercise date or Call Date, which would result in beneficial ownership by the Holder and its affiliates of more than 4.99% of the outstanding Common

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation is being mademade on an exercise date, which would result in beneficial ownership by the Holder and its affiliates of more than 9.99% of the

Maximum Exercise. The Holder shall not be entitled to exercise, on an ---------------- exercise date, this Warrant on an exercise date in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation proviso is being mademade on an exercise date, which would result in beneficial ownership by the Holder and its affiliates of more

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation is being made,

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation proviso is being mademade on

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation is being mademade on an exercise date,

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation is being madethe

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (ia) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation is being madeStock

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be result in excess of the sum of (i) the number of shares of Common Stock beneficially owned beneficial ownership by the Holder and its affiliates on an exercise date, and (ii) of more than 4.99% of the number of shares of Common Stock issuable upon of the exercise Company on such date. For the purposes of this Warrant with respect the proviso to which the determination of this limitation is being madethe

Maximum Exercise. The Holder shall not be entitled to exercise this ---------------- Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation is being mademade on an exercise date, which would result in beneficial ownership by the Holder and its affiliates of more than 4.99% of the outstanding shares of Common Stock on such date.

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation proviso is being mademade on an exercise date, which would result in beneficial ownership by the Holder and its affiliates of more than 9.99% of the outstanding shares of Common Stock

Maximum Exercise. The Holder shall not be entitled to exercise this ---------------- Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation is being mademade on an exercise date, which would result in beneficial ownership by the Holder and its affiliates of more than 4.99% of the outstanding shares of Common Stock

Maximum Exercise. The Holder shall not be entitled to ----------------- exercise this Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (iof(i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation proviso is being mademade on an exercise date, which would result in December 19, 2000, 1:57 PM

Maximum Exercise. The Holder shall not be entitled to exercise this Warrant on an exercise date date, in connection with that number of shares of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on an exercise date, and (ii) the number of shares of Common Stock issuable upon the exercise of this Warrant with respect to which the determination of this limitation proviso is being mademade on an exercise date, which would result in beneficial ownership by the Holder and its affiliates of more than 4.99% of the outstanding shares of Common Stock of the Company on such