NYSE Shareholder Approval Limit. Notwithstanding the foregoing, the number of shares of Common Stock and Common Stock Equivalents that any Investor shall be entitled to purchase at any time pursuant to the foregoing paragraph shall be limited to the maximum number of Common Shares and Common Stock Equivalents that may be issued without approval of the Company’s shareholders pursuant to Rule 312.03(b) or (c), as applicable, of the NYSE Listed Company Manual (or any replacement provision for such rule).
