Common use of OVERALL LIMIT ON COMMON STOCK ISSUABLE Clause in Contracts

OVERALL LIMIT ON COMMON STOCK ISSUABLE. Notwithstanding anything contained herein to the contrary, if during the Open Period the Company becomes listed on an exchange that limits the number of Shares that may be issued without stockholder approval, then the number of Shares issuable by the Company and purchasable by the Investor, shall not exceed that number of the Shares that may be issuable without stockholder approval (the “Maximum Common Stock Issuance”). If such issuance of Shares could cause a delisting on the Principal Market, then the Maximum Common Stock Issuance shall first be approved by the Company’s stockholders in accordance with applicable law and the Certificate of Incorporation and By-laws of the Company. The parties understand and agree that the Company’s failure to seek or obtain such stockholder approval shall in no way adversely affect the validity and due authorization of the issuance and sale of Securities or the Investor’s obligation in accordance with the terms and conditions hereof to purchase a number of Shares in the aggregate up to the Maximum Common Stock Issuance limitation, and that such approval pertains only to the applicability of the Maximum Common Stock Issuance limitation provided in this Section 2.5.

OVERALL LIMIT ON COMMON STOCK ISSUABLE. Notwithstanding anything contained herein to the contrary, if during the Open Period the Company becomes listed on an exchange that limits the number of Shares that may be issued without stockholder shareholder approval, then the number of Shares issuable by the Company and purchasable by the Investor, shall not exceed that number of the Shares shares of Common Stock that may be issuable without stockholder shareholder approval (the “"Maximum Common Stock Issuance”"). If such issuance of Shares shares of Common Stock could cause a delisting on the Principal Market, then the Maximum Common Stock Issuance shall first be approved by the Company’s stockholders 's shareholders in accordance with applicable law and the Certificate of Incorporation and By-laws and the Articles of Incorporation of the Company, if such issuance of shares of Common Stock could cause a delisting on the Principal Market. The parties understand and agree that the Company’s 's failure to seek or obtain such stockholder shareholder approval shall in no way adversely affect the validity and due authorization of the issuance and sale of Securities or the Investor’s 's obligation in accordance with the terms and conditions hereof to purchase a number of Shares in the aggregate up to the Maximum Common Stock Issuance limitation, and that such approval pertains only to the applicability of the Maximum Common Stock Issuance limitation provided in this Section 2.52.6.

OVERALL LIMIT ON COMMON STOCK ISSUABLE. Notwithstanding anything contained herein to the contrary, if if, during the Open Period Period, the Company becomes listed on an exchange that limits the number of Shares shares of Common Stock that may be issued without stockholder shareholder approval, then the number of Shares issuable by the Company and purchasable by the Investor, shall not exceed that number of the Shares shares of Common Stock that may be issuable without stockholder shareholder approval (the “Maximum Common Stock Issuance”). If such issuance of Shares shares of Common Stock could cause a delisting on the Principal Market, then the Maximum Common Stock Issuance shall first be approved by the Company’s stockholders shareholders in accordance with applicable law and the By-laws and Certificate of Incorporation and By-laws of the Company, as amended. The parties understand and agree that the Company’s failure to seek or obtain such stockholder shareholder approval shall in no way adversely affect the validity and due authorization of the issuance and sale of Securities or the Investor’s obligation in accordance with the terms and conditions hereof to purchase a number of Shares in the aggregate up to the Maximum Common Stock Issuance limitation, and that such approval pertains only to the applicability of the Maximum Common Stock Issuance limitation provided in this Section 2.52(H).

OVERALL LIMIT ON COMMON STOCK ISSUABLE. Notwithstanding anything contained herein to the contrary, if during the Open Period the Company becomes listed on an exchange that which limits the number of Shares shares of Common Stock that may be issued without stockholder shareholder approval, then the number of Shares issuable by the Company and purchasable by the Investor, shall not exceed that number of the Shares shares of Common Stock that may be issuable without stockholder shareholder approval (the “Maximum Common Stock Issuance”). If such issuance of Shares shares of Common Stock could cause a delisting on the Principal Market, then the issuance of all shares of Common Stock in excess of the Maximum Common Stock Issuance shall first be approved by the Company’s stockholders shareholders in accordance with applicable law and the Certificate of Incorporation and By-laws and the Articles of Incorporation of the Company. The parties Parties understand and agree that the Company’s failure to seek or obtain such stockholder shareholder approval shall in no way adversely affect the validity and due authorization of the issuance and sale of Securities or the Investor’s obligation in accordance with the terms and conditions hereof to purchase a number of Shares in the aggregate up to the Maximum Common Stock Issuance limitationIssuance, and or in excess of such amount in the event that such the shareholder approval pertains only to the applicability of the Maximum Common Stock Issuance limitation provided in this Section 2.5is obtained.

OVERALL LIMIT ON COMMON STOCK ISSUABLE. Notwithstanding anything contained herein to the contrary, if during the Open Period the Company becomes listed on an exchange that limits the number of Shares that may be issued without stockholder approval, then the number of Shares issuable by the Company and purchasable by the Investor, shall not exceed that number of the Shares that may be issuable without stockholder approval (the “"Maximum Common Stock Issuance”"). If such issuance of Shares could cause a delisting on the Principal Market, then the Maximum Common Stock Issuance shall first be approved by the Company’s 's stockholders in accordance with applicable law and the Certificate of Incorporation and By-laws of the Company. The parties understand and agree that the Company’s 's failure to seek or obtain such stockholder approval shall in no way adversely affect the validity and due authorization of the issuance and sale of Securities or the Investor’s 's obligation in accordance with the terms and conditions hereof to purchase a number of Shares in the aggregate up to the Maximum Common Stock Issuance limitation, and that such approval pertains only to the applicability of the Maximum Common Stock Issuance limitation provided in this Section 2.5.

OVERALL LIMIT ON COMMON STOCK ISSUABLE. Notwithstanding anything contained herein to the contrary, if during the Open Period the Company becomes listed on an exchange that limits the number of Shares that may be issued without stockholder approval, then the number of Shares issuable by the Company and purchasable by the Investor, shall not exceed that number of the Shares that may be issuable without stockholder approval (the “Maximum Common Stock Issuance”). If such issuance of Shares could cause a delisting on the Principal Market, then the Maximum Common Stock Issuance shall first be approved by the Company’s stockholders in accordance with applicable law and the Certificate of Incorporation and By-laws of the Company. The parties understand and agree that the Company’s failure to seek or obtain such stockholder approval shall in no way adversely affect the validity and due authorization of the issuance and sale of Securities or the Investor’s obligation in accordance with the terms and conditions hereof to purchase a number of Shares in the aggregate up to the Maximum Common Stock Issuance limitation, and that such approval pertains only to the applicability of the Maximum Common Stock Issuance limitation provided in this Section 2.52.6.

OVERALL LIMIT ON COMMON STOCK ISSUABLE. Notwithstanding anything contained herein to the contrary, if during the Open Period the Company becomes listed on an exchange that limits the number of Shares shares of common stock that may be issued without stockholder shareholder approval, then the number of Shares shares issuable by the Company and purchasable by the Investor, shall not exceed that number of the Shares shares of common stock that may be issuable without stockholder shareholder approval (the “Maximum Common Stock Issuance”). If such issuance of Shares shares of common stock could cause a delisting on the Principal Market, then the Maximum Common Stock Issuance shall first be approved by the Company’s stockholders 's shareholders in accordance with applicable law and the Certificate of Incorporation and Byby-laws and articles of incorporation of the Company, as amended. The parties understand and agree that the Company’s 's failure to seek or obtain such stockholder shareholder approval shall in no way adversely affect the validity and due authorization of the issuance and sale of Securities or the Investor’s 's obligation in accordance with the terms and conditions hereof to purchase a number of Shares shares in the aggregate up to the Maximum Common Stock Issuance limitation, and that such approval pertains only to the applicability of the Maximum Common Stock Issuance limitation provided in this Section 2.5Section.