Common use of Ownership Cap and Certain Exercise Restrictions Clause in Contracts

Ownership Cap and Certain Exercise Restrictions. (a) Notwithstanding anything to the contrary set forth in this Note, at no time may a Holder of this Note convert this Note if the number of shares of Common Stock to be issued pursuant to such conversion would exceed, when aggregated with all other shares of Common Stock owned by such Holder at such time, the number of shares of Common Stock which would result in such Holder owning more than 4.999% of all of the Common Stock outstanding at such time; provided, however, that upon a holder of this Note providing the Company with sixty-one (61) days notice (pursuant to Section 13 hereof) (the "Waiver Notice") that such Holder would like to waive this Section 3(a) with regard to any or all shares of Common Stock issuable upon exercise of this Note, this Section 3(a) will be of no force or effect with regard to all or a portion of the Note referenced in the Waiver Notice; provided, further, that this provision shall be of no further force or effect during the sixty-one (61) days immediately preceding the expiration of the term of this Note.

Ownership Cap and Certain Exercise Restrictions. (a) Notwithstanding anything to the contrary set forth in this NoteWarrant, at no time may a Holder holder of this Note convert Warrant exercise this Note Warrant if the number of shares of Common Stock to be issued pursuant to such conversion exercise would exceed, when aggregated with all other shares of Common Stock owned by such Holder holder at such time, the number of shares of Common Stock which would result in such Holder holder owning more than 4.999% of all of the Common Stock outstanding at such time; provided, however, that upon a holder of this Note Warrant providing the Company Issuer with sixty-one sixty (6160) days notice (pursuant to Section 13 hereof) (the "Waiver Notice") that such Holder holder would like to waive this Section 3(a7(a) with regard to any or all shares of Common Stock issuable upon exercise of this NoteWarrant, this Section 3(a7(a) will be of no force or effect with regard to all or a portion of the Note Warrant referenced in the Waiver Notice; provided, further, that this provision shall be of no further force or effect during the sixty-one (61) days immediately preceding the expiration of the term of this Note.

Ownership Cap and Certain Exercise Restrictions. (a) Notwithstanding anything to the contrary set forth in this NoteWarrant, at no time may a Holder holder of this Note convert Warrant exercise this Note Warrant if the number of shares of Common Stock to be issued pursuant to such conversion exercise would exceed, when aggregated with all other shares of Common Stock owned by such Holder holder at such time, the number of shares of Common Stock which would result in such Holder holder owning more than 4.999% of all of the Common Stock outstanding at such time; provided, however, that upon a holder of this Note Warrant providing the Company Issuer with sixtyseventy-one five (6175) days notice (pursuant to Section 13 12 hereof) (the "Waiver Notice") that such Holder holder would like to waive this Section 3(a7(a) with regard to any or all shares of Common Stock issuable upon exercise of this NoteWarrant, this Section 3(a7(a) will be of no force or effect with regard to all or a portion of the Note Warrant referenced in the Waiver Notice; provided, further, that this provision shall be of no further force or effect during the sixty-one (61) days immediately preceding the expiration of the term of this Note.

Ownership Cap and Certain Exercise Restrictions. (a) Notwithstanding anything to the contrary set forth in this NoteWarrant, at no time may a Holder holder of this Note convert Warrant exercise this Note Warrant if the number of shares of Common Stock to be issued pursuant to such conversion exercise would exceed, when aggregated with all other shares of Common Stock owned by such Holder holder at such time, the number of shares of Common Stock which would result in such Holder holder owning more than 4.999% of all of the Common Stock outstanding at such time; provided, however, that upon a holder of this Note Warrant providing the Company Issuer with sixtyseventy-one five (6175) days notice (pursuant to Section 13 hereof) (the "Waiver Notice") that such Holder holder would like to waive this Section 3(a7(a) with regard to any or all shares of Common Stock issuable upon exercise of this NoteWarrant, this Section 3(a7(a) will be of no force or effect with regard to all or a portion of the Note Warrant referenced in the Waiver Notice; provided, further, that this provision shall be of no further force or effect during the sixty-one (61) days immediately preceding the expiration of the term of this Note.

Ownership Cap and Certain Exercise Restrictions. (a) Notwithstanding anything to the contrary set forth in this NoteWarrant, at no time may a Holder holder of this Note convert Warrant exercise this Note Warrant if the number of shares of Common Stock to be issued pursuant to such conversion exercise would exceed, when aggregated with all other shares of Common Stock owned by such Holder holder at such time, the number of shares of Common Stock which would result in such Holder holder owning more than 4.999% of all of the Common Stock outstanding at such time; provided, however, that upon a holder of this Note Warrant providing the Company Issuer with sixty-one sixty (6160) days notice (pursuant to Section 13 14 hereof) (the "Waiver Notice") that such Holder holder would like to waive this Section 3(a7(a) with regard to any or all shares of Common Stock issuable upon exercise of this NoteWarrant, this Section 3(a7(a) will be of no force or effect with regard to all or a portion of the Note Warrant referenced in the Waiver Notice; provided, further, that this provision shall be of no further force or effect during the sixty-one (61) days immediately preceding the expiration of the term of this Note.

Ownership Cap and Certain Exercise Restrictions. (a) Notwithstanding anything to the contrary set forth in this NoteWarrant, at no time may a Holder holder of this Note convert Warrant exercise this Note Warrant if the number of shares of Common Stock to be issued pursuant to such conversion exercise would exceed, when aggregated with all other shares of Common Stock owned by such Holder holder at such time, the number of shares of Common Stock which would result in such Holder holder owning more than 4.999% of all of the Common Stock outstanding at such time; provided, however, that upon a holder of this Note Warrant providing the Company Issuer with sixty-one (61) days notice (pursuant to Section 13 hereof) (the "Waiver Notice") ), that such Holder holder would like to waive this Section 3(a7(a) with regard to any or all shares of Common Stock issuable upon exercise of this NoteWarrant, this Section 3(a7(a) will be of no force or effect with regard to all or a portion of the Note Warrant referenced in the Waiver Notice; provided, further, that this provision shall be of no further force or effect during the sixty-one (61) days immediately preceding the expiration of the term of this NoteTerm.

Ownership Cap and Certain Exercise Restrictions. (a) Notwithstanding anything to the contrary set forth in this NoteWarrant, at no time may a Holder holder of this Note convert Warrant exercise this Note Warrant if the number of shares of Common Stock to be issued pursuant to such conversion exercise would exceed, when aggregated with all other shares of Common Stock owned by such Holder holder at such time, the number of shares of Common Stock which would result in such Holder holder owning more than 4.999% of all of the Common Stock outstanding at such time; provided, however, that upon a holder of this Note Warrant providing the Company Issuer with sixty-one (61) days notice (pursuant to Section 13 hereof) (the "Waiver Notice") that such Holder holder would like to waive this Section 3(a7(a) with regard to any or all shares of Common Stock issuable upon exercise of this NoteWarrant, this Section 3(a7(a) will be of no force or effect with regard to all or a portion of the Note Warrant referenced in the Waiver Notice; provided, further, that this provision shall be of no further force or effect during the sixty-one (61) days immediately preceding the expiration of the term of this Note.