Common use of Ownership Limitation Clause in Contracts

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction Documents, if at any time the Holder shall or would be issued shares of Common Stock under any of the Transaction Documents, but such issuance would cause the Holder (together with its Affiliates) to own a number of shares exceeding 9.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company must not issue to the Holder shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The Company will reserve the Ownership Limitation Shares for the exclusive benefit of the Holder. From time to time, the Holder may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder without causing the Holder to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the Holder, with a corresponding reduction in the number of the Ownership Limitation Shares. By written notice to the Company, the Holder may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the Holder.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction Documents, if at any time the Holder Investor shall or would be issued shares of Common Stock under any of the Transaction Documents, but such issuance would cause the Holder Investor (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.994.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company must not issue to the Holder Investor shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Investor that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The Company will reserve the Ownership Limitation Shares for the exclusive benefit of the HolderInvestor. From time to time, the Holder Investor may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Investor without causing the Holder Investor to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderInvestor, with a corresponding reduction in the number of the Ownership Limitation Shares. Notwithstanding the foregoing, the term “4.99%” above shall be replaced with “9.99%” at such time as the Market Capitalization is less than $10,000,000.00. Notwithstanding any other provision contained herein, if the term “4.99%” is replaced with “9.99%” pursuant to the preceding sentence, such change to “9.99%” shall be permanent. By written notice to the Company, the Holder Investor may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of the HolderInvestor.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction Documents, if at any time the Holder Investor shall or would be issued shares of Common Stock under any of the Transaction DocumentsStock, but such issuance would cause the Holder Investor (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company must not issue to the Holder Investor shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Investor that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The In such event, Company will shall reserve the Ownership Limitation Shares for the exclusive benefit of the HolderInvestor. From time to time, the Holder Investor may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Investor without causing the Holder Investor to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderInvestor, with a corresponding reduction in the number of the Ownership Limitation Shares. By written notice to the Company, the Holder Investor may increase, decrease increase or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of the HolderInvestor.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction Documents, if at any time the Holder Investor shall or would be issued shares of Common Stock under any of the Transaction DocumentsStock, but such issuance would cause the Holder Investor (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.994.99% of the number of shares of Common Stock outstanding on such date (the “"Maximum Percentage”"), the Company must not issue to the Holder Investor shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Investor that would cause the Maximum Percentage to be exceeded are referred to herein as the “"Ownership Limitation Shares”". The In such event, Company will shall reserve the Ownership Limitation Shares for the exclusive benefit of the HolderInvestor. From time to time, the Holder Investor may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Investor without causing the Holder Investor to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderInvestor, with a corresponding reduction in the number of the Ownership Limitation Shares. Notwithstanding the foregoing, the term "4.99%" above shall be replaced with "9.99%" at such time as the Market Capitalization is less than $10,000,000.00. Notwithstanding any other provision contained herein, if the term "4.99%" is replaced with "9.99%" pursuant to the preceding sentence, such change to "9.99%" shall be permanent. By written notice to the Company, the Holder Investor may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of the Holderinvestor.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant Note or the other Transaction Documents, if at any time the Holder Lender shall or would be issued shares of Common Stock under any of the Transaction Documents, but such issuance would cause the Holder Lender (together with its Affiliatesaffiliates) to beneficially own a number of shares exceeding 9.994.99% of the number of shares of Common Stock outstanding on such date (including for such purpose the shares of Common Stock issuable upon such issuance) (the “Maximum Percentage”), the Company then Borrower must not issue to the Holder Lender shares of the Common Stock which would exceed the Maximum Percentage. The shares For purposes of this section, beneficial ownership of Common Stock issuable will be determined pursuant to Section 13(d) of the 1934 Act. Notwithstanding the forgoing, the term “4.99%” above shall be replaced with “9.99%” at such time as the Market Capitalization is less than $10,000,000.00. Notwithstanding any other provision contained herein, if the term “4.99%” is replaced with “9.99%” pursuant to the Holder that would cause the Maximum Percentage preceding sentence, such increase to be exceeded are referred to herein “9.99%” shall remain at 9.99% until increased, decreased or waived by Lender as the “Ownership Limitation Shares”. The Company will reserve the Ownership Limitation Shares for the exclusive benefit of the Holder. From time to time, the Holder may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder without causing the Holder to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the Holder, with a corresponding reduction in the number of the Ownership Limitation Sharesset forth below. By written notice to the CompanyBorrower, the Holder Lender may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of the HolderLender.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction DocumentsAgreement, if at any time the Holder Purchaser shall or would be issued shares of Common Stock under any of the Transaction Documentshereunder, but such issuance would cause the Holder Purchaser (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.99% of Maximum Percentage (as defined in the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”Warrant), the Company must not issue to the Holder Purchaser shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Purchaser that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The Company will reserve the Ownership Limitation Shares for the exclusive benefit of the HolderPurchaser. From time to time, the Holder Purchaser may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Purchaser without causing the Holder Purchaser to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderPurchaser, with a corresponding reduction in the number of the Ownership Limitation Shares. For purposes of this Section, beneficial ownership of Common Stock will be determined under Section 13(d) of the 1934 Act, as amended. By written notice to the Company, the Holder Purchaser may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of the HolderPurchaser.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction Documents, if at any time the Holder Investor shall or would be issued shares of Common Stock under any of the Transaction DocumentsStock, but such issuance would cause the Holder Investor (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.994.99% of the number of shares of Common Stock outstanding on such date (the “"Maximum Percentage”"), the Company must not issue to the Holder Investor shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Investor that would cause the Maximum Percentage to be exceeded are referred to herein as the “"Ownership Limitation Shares”". The In such event, Company will shall reserve the Ownership Limitation Shares for the exclusive benefit of the HolderInvestor. From time to time, the Holder Investor may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Investor without causing the Holder Investor to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderInvestor, with a corresponding reduction in the number of the Ownership Limitation Shares. Notwithstanding the foregoing, the term "4.99%" above shall be replaced with "9.99%" at such time as the Market Capitalization is less than $10,000,000.00. Notwithstanding any other provision contained herein, if the term "4.99%" is replaced with "9.99%" pursuant to the preceding sentence, such change to "9.99%" shall be permanent. By written notice to the Company, the Holder Investor may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of the HolderInvestor.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction Documents, if at any time the Holder shall or would be issued shares of Common Stock under any of the Transaction Documents, but such issuance would cause the Holder (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company must not issue to the Holder shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The Company will reserve the Ownership Limitation Shares for the exclusive benefit of the Holder. From time to time, the Holder may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder without causing the Holder to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the Holder, with a corresponding reduction in the number of the Ownership Limitation Shares. By written notice to the Company, the Holder may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of the Holder.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant Agreement or the other Transaction Documents, if at any time the Holder Purchaser shall or would be issued shares of Common Stock under any of the Transaction Documents, but such issuance would cause the Holder Purchaser (together with its Affiliatesaffiliates) to beneficially own a number of shares exceeding 9.99% of the number of shares of Common Stock outstanding on such date Maximum Percentage (as defined in the “Maximum Percentage”Note), then the Company must not issue to the Holder shares Purchaser the excess Ownership Limitation Shares (as defined in the Note). For purposes of the Common Stock which would exceed the Maximum Percentage. The shares this Section, beneficial ownership of Common Stock issuable to will be determined under Section 13 of the Holder that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”1934 Act. The Company will reserve the Ownership Limitation Shares for the exclusive benefit of the HolderPurchaser. From time to time, the Holder Purchaser may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Purchaser without causing the Holder Purchaser to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderPurchaser, with a corresponding reduction in the number of the Ownership Limitation Shares. By written notice to the Company, the Holder Purchaser may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the HolderPurchaser.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction DocumentsAgreement, if at any time the Holder Purchaser shall or would be issued shares of Common Stock under any of the Transaction Documentshereunder, but such issuance would cause the Holder Purchaser (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.99% of the number of shares of Common Stock outstanding on such date Maximum Percentage (as defined in the “Maximum Percentage”Warrant), the Company must not issue to the Holder Purchaser shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Purchaser that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The Company will reserve the Ownership Limitation Shares for the exclusive benefit of the HolderPurchaser. From time to time, the Holder Purchaser may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Purchaser without causing the Holder Purchaser to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderPurchaser, with a corresponding reduction in the number of the Ownership Limitation Shares. For purposes of this Section, beneficial ownership of Common Stock will be determined under Section 13(d) of the 1934 Act, as amended. By written notice to the Company, the Holder Purchaser may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of the HolderPurchaser.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction DocumentsAgreement, if at any time the Holder Purchaser shall or would be issued shares of Common Stock under any of the Transaction Documentshereunder, but such issuance would cause the Holder Purchaser (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.994.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company must not issue to the Holder Purchaser shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Purchaser that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The Company will reserve the Ownership Limitation Shares for the exclusive benefit of the HolderPurchaser. From time to time, the Holder Purchaser may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Purchaser without causing the Holder Purchaser to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderPurchaser, with a corresponding reduction in the number of the Ownership Limitation Shares. For purposes of this Section, beneficial ownership of Common Stock will be determined under Section 13(d) of the Exchange Act. By written notice to the Company, the Holder Purchaser may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of the HolderPurchaser.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction Documents, if at any time the Holder Investor shall or would be issued shares of Common Stock under any of the Transaction DocumentsStock, but such issuance would cause the Holder Investor (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.994.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company must not issue to the Holder Investor shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Investor that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The In such event, Company will shall reserve the Ownership Limitation Shares for the exclusive benefit of the HolderInvestor. From time to time, the Holder Investor may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Investor without causing the Holder Investor to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderInvestor, with a corresponding reduction in the number of the Ownership Limitation Shares. Notwithstanding the foregoing, the term “4.99%” above shall be replaced with “9.99%” at such time as the Market Capitalization is less than $10,000,000.00. Notwithstanding any other provision contained herein, if the term “4.99%” is replaced with “9.99%” pursuant to the preceding sentence, such change to “9.99%” shall be permanent. By written notice to the Company, the Holder Investor may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of Investor. In the Holderevent the Maximum Percentage is increased to 9.99% and Investor becomes more than a 4.99% owner at any time, the Investor shall be solely responsible for abiding by Section 16 and Schedule 13D or 13G filing requirements with the SEC, as applicable.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction Documents, if at any time the Holder Investor shall or would be issued shares of Common Stock under any of the Transaction Documents, but such issuance would cause the Holder Investor (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.994.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company must not issue to the Holder Investor shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Investor that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The Company will reserve the Ownership Limitation Shares for the exclusive benefit of the Holder. From time to time, the Holder Investor may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Investor without causing the Holder Investor to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderInvestor, with a corresponding reduction in the number of the Ownership Limitation Shares. Notwithstanding the forgoing, the term “4.99%” above shall be replaced with “9.99%” at such time as the Market Capitalization of the Common Stock is less than $10,000,000.00. Notwithstanding any other provision contained herein, if the term “4.99%” is replaced with “9.99%” pursuant to the preceding sentence, such change to “9.99%” shall be permanent. For purposes of this Warrant, the term “Market Capitalization of the Common Stock” shall mean the product equal to (A) the average VWAP of the Common Stock for the immediately preceding fifteen (15) Trading Days, multiplied by (B) the aggregate number of outstanding shares of Common Stock as reported on the Company’s most recently filed Form 10-Q or Form 10-K. By written notice to the Company, the Holder Investor may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day 61­day notice requirement is enforceable, unconditional and non-waivable non­-waivable and shall apply to all Affiliates affiliates and assigns of the HolderInvestor.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant Agreement or the other Transaction Documents, if at any time the Holder Investor shall or would be issued shares of Common Stock under any of the Transaction Documents, but such issuance would cause the Holder Investor (together with its Affiliatesaffiliates) to beneficially own a number of shares exceeding 9.99% the Maximum Percentage (as defined in the Note), then Company must not issue to Investor the shares that would cause Investor to exceed the Maximum Percentage. In furtherance of the foregoing, with each Installment Notice (as defined in the Note) delivered to Investor, Company agrees to notify Investor of the number of shares of Common Stock then outstanding on such date (and in the “event that an issuance would cause the number of shares beneficially owned by Investor to exceed the Maximum Percentage”), the Investor shall notify Company must not issue to the Holder shares of the Common Stock which number of shares that would cause Investor to exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Investor that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The Company will reserve the Ownership Limitation Shares not yet issued for the exclusive benefit of the HolderInvestor. From time to time, the Holder Investor may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Investor without causing the Holder Investor to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderInvestor, with a corresponding reduction in the number of the Ownership Limitation Shares. By written notice to the CompanyFor purposes of this Section, the Holder may increase, decrease or waive the Maximum Percentage as to itself but any such waiver beneficial ownership of Common Stock will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns determined under Section 13(d) of the Holder1934 Act.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction Documents, if If at any time the time, Holder shall or would be issued receive shares of Common Stock under any of the Transaction Documentsthis Agreement, but such issuance would cause the so that Holder (would, together with other shares of Common Stock held by it or its Affiliates) to own affiliates, hold by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 9.99% of the number of shares of the Common Stock outstanding on such date (the “Maximum Percentage”), then the Company must shall not be obligated and shall not issue to the Holder shares of the Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by Holder. The shares of Common Stock issuable to the Holder that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The Company will reserve the Ownership Limitation Shares for the exclusive benefit of the Holder. From time to time, the Holder may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder without causing the Holder to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the Holder, with a corresponding reduction in the number of the Ownership Limitation Shares. By written notice to the CompanyFor purposes of this Section, the Holder may increase, decrease or waive the Maximum Percentage as to itself but any such waiver beneficial ownership of Common Stock will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns determined under Section 13(d) of the HolderExchange Act.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Warrant or the other Transaction Documents, if at any time the Holder Investor shall or would be issued shares of Common Stock under any of the Transaction DocumentsStock, but such issuance would cause the Holder Investor (together with its Affiliatesaffiliates) to own a number of shares exceeding 9.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company must not issue to the Holder Investor shares of the Common Stock which would exceed the Maximum Percentage. The shares of Common Stock issuable to the Holder Investor that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. The In such event, Company will shall reserve the Ownership Limitation Shares for the exclusive benefit of the HolderInvestor. From time to time, the Holder Investor may notify the Company in writing of the number of the Ownership Limitation Shares that may be issued to the Holder Investor without causing the Holder Investor to exceed the Maximum Percentage. Upon receipt of such notice, the Company shall be unconditionally obligated to immediately issue such designated shares to the HolderInvestor, with a corresponding reduction in the number of the Ownership Limitation Shares. By written notice to the Company, the Holder Investor may increase, decrease or waive the Maximum Percentage as to itself but any such notice or waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all Affiliates affiliates and assigns of the HolderInvestor.