Common use of Maximum Share Delivery Clause in Contracts

Maximum Share Delivery. (i) Notwithstanding any other provision of this Confirmation, the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than the Maximum Number of Shares to Dealer in connection with the Transaction, subject to the provisions regarding Deficit Shares in Section 9(r)(ii). “Maximum Number of Shares” means (x) prior to the Stockholder Approval Date, 10,544,266 and (y) from and after the Stockholder Approval Date, a number of Shares equal to two times the product of the Number of Warrants and the Warrant Entitlement.

Maximum Share Delivery. (i) Notwithstanding any other provision of this Confirmation, the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than the Maximum Number of Shares to Dealer in connection with the Transaction, subject to the provisions regarding Deficit Shares in Section 9(r)(ii). “Maximum Number of Shares” means (x) prior to the Stockholder Approval Date, 10,544,266 2,108,853 and (y) from and after the Stockholder Approval Date, a number of Shares equal to two times the product of the Number of Warrants and the Warrant Entitlement.

Maximum Share Delivery. (i) Notwithstanding any other provision of this Confirmation, the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than the Maximum Number of Shares to Dealer in connection with the Transaction, subject to the provisions regarding Deficit Shares in Section 9(r)(ii9(p)(ii). The “Maximum Number of Shares” means shall be (x) prior to the Stockholder Approval DateShare Reservation Date (if any), 10,544,266 703,828 Shares and (y) from on and after the Stockholder Approval DateShare Reservation Date (if any), a number of Shares equal to two times the product of the Number of Warrants as of the Trade Date, and the Warrant Entitlement.

Maximum Share Delivery. (i) Notwithstanding any other provision of this Confirmation, the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than the Maximum Number of Shares to Dealer in connection with the Transaction, subject to the provisions regarding Deficit Shares in Section 9(r)(ii9(p)(ii). The “Maximum Number of Shares” means shall be (x) prior to the Stockholder Approval DateShare Reservation Date (if any), 10,544,266 4,574,884 Shares and (y) from on and after the Stockholder Approval DateShare Reservation Date (if any), a number of Shares equal to two times the product of the Number of Warrants as of the Trade Date, and the Warrant Entitlement.