Common use of Ownership/Issuance Limitations Clause in Contracts

Ownership/Issuance Limitations. Notwithstanding anything to the contrary herein, the Company shall be prohibited from exercising its right to repay the Monthly Amount in shares of Common Stock (and must deliver cash in respect thereof) on the applicable Repayment Date to the extent, and only to the extent, that such repayment in shares of Common Stock would result in the Holder hereof exceeding the limitations contained in Section 3(i) below. In such event, then (i) the Company on the Repayment Date shall repay such portion of the Monthly Amount in shares of Common Stock as may be effected without exceeding such limitations, (ii) the Repayment Date for the balance of the Monthly Amount shall be extended until such time as such stock payment can be made without violating Section 3(i), provided that if such stock payment cannot be made only because it would violate Section 3(i)(C) below, then at the Holder's option the Company shall redeem such Monthly Amount portion of this Debenture at a redemption price equal to 120% of such Monthly Amount. If any portion of any Monthly Amount remains unpaid as of the Maturity Date hereof, such amount shall be repaid in cash on the Maturity Date (unless accelerated hereunder pursuant to Section 4 below).