Common use of Percent Limitation Clause in Contracts

Percent Limitation. On each Closing Date for Initial Put Shares, the number of Initial Put Shares then to be purchased by the Investor will not exceed the number of such shares which, when aggregated with all other shares of Common Stock then owned by the Investor beneficially or deemed beneficially owned by the Investor, would result in the Investor owning more than 4.99% of all of such Common Stock as would be outstanding on such Closing Date, as determined in accordance with Rule 13d-3 of the Exchange Act and the regulations promulgated thereunder. For purposes of this Section, in the event that the amount of Common Stock outstanding as determined in accordance with Rule 13d-3 of the Exchange Act and the regulations promulgated thereunder is greater on a Closing Date than on the date upon which the Initial Put Notice associated with such Closing Date is given, the amount of Common Stock outstanding on such Closing Date shall govern for purposes of determining whether the Investor, when aggregating all purchases of Common Stock made pursuant to this Agreement and, if any, Warrant Shares, would own more than 4.99% of the Common Stock following such Closing. Then, in such event, the Company would reduce that number of Initial Put Shares so issuable so that it would not exceed the aforementioned 4.99% limitation. The Investor shall notify the Company as soon as possible, but in any event within three Business Days of receiving an Initial Put Notice, if the Investor believes Investor's purchase of the Initial Put Shares specified in the Initial Put Notice would result in the Investor exceeding the 4.99% limitation described above.

Percent Limitation. On each Closing Date for Initial Put SharesDate, the number of Initial Put Shares then to be purchased by the Investor will not exceed the number of such shares which, when aggregated with all other shares of Common Stock then owned by the Investor beneficially or deemed beneficially owned by the Investor, would result in the Investor owning more than 4.99% of all of such Common Stock as would be outstanding on such Closing Date, as determined in accordance with Rule 13d-3 of the Exchange Act and the regulations promulgated thereunder. For purposes of this SectionSection 7.2(j), in the event that the amount of Common Stock outstanding as determined in accordance with Rule 13d-3 of the Exchange Act and the regulations promulgated thereunder is greater on a Closing Date than on the date upon which the Initial Put Notice associated with such Closing Date is given, the amount of Common Stock outstanding on such Closing Date shall govern for purposes of determining whether the Investor, when aggregating all purchases of Common Stock made pursuant to this Agreement and, if any, Warrant Shares, would own more than 4.99% of the Common Stock following such Closing. Then, in such event, the Company would reduce that number of Initial Put Shares so issuable so that it would not exceed the aforementioned 4.99% limitation. The Investor shall notify the Company as soon as possible, but in any event within three Business Days (3) business days of receiving an Initial a Put Notice, if the Investor believes Investor's purchase of the Initial Put Shares specified in the Initial Put Notice would result in the Investor exceeding the 4.99% limitation described above.

Percent Limitation. On each Closing Date for Initial Put Shares, the number of Initial Put Shares then to be purchased by the each Investor will not exceed the number of such shares which, when aggregated with all other shares of Common Stock then owned by the such Investor beneficially or deemed beneficially owned (including those shares of Common Stock underlying the Convertible Debentures which have not yet been converted) by the Investoreach Investor and which were acquired under this Agreement, would result in the Investor owning more than 4.99% of all of such Common Stock as would be outstanding on such Closing Date, as determined in accordance with Rule 13d-3 of the Exchange Act and the regulations promulgated thereunder. For purposes of this SectionSection 7.2(j), in the event that the amount of Common Stock outstanding as determined in accordance with Rule 13d-3 of the Exchange Act and the regulations promulgated thereunder is greater on a Closing Date than on the date upon which the Initial Put Notice associated with such Closing Date is given, the amount of Common Stock outstanding on such Closing Date shall govern for purposes of determining whether the such Investor, when aggregating all purchases of Common Stock made pursuant to this Agreement and, if any, Warrant Shares, would own more than 4.99% of the Common Stock following such Closing. Then, in such event, the Company would reduce that number of Initial Put Shares so issuable so that it would not exceed the aforementioned 4.99% limitation. The Such Investor shall notify the Company as soon as possible, but in any event within three Business Days (3) business days of receiving an Initial a Put Notice, if the such Investor believes Investor's purchase of the Initial Put Shares specified in the Initial Put Notice would result in any of the Investor Investors exceeding the 4.99% limitation described above.

Percent Limitation. On each Closing Date for Initial Put SharesDate, the number of Initial Put Shares then to be purchased by the any Investor will not exceed the number of such shares which, when aggregated with all other shares of Common Stock then owned by the any Investor beneficially or deemed beneficially owned by the such Investor, would result in the Investor owning more than 4.99% of all of such Common Stock as would be outstanding on such Closing Date, as determined in accordance with Rule 13d-3 of the Exchange Act and the regulations promulgated thereunder. For purposes of this SectionSection 7.2(h), in the event that the amount of Common Stock outstanding as determined in accordance with Rule 13d-3 of the Exchange Act and the regulations promulgated thereunder is greater on a Closing Date than on the date upon which the Initial Put Notice associated with such Closing Date is given, the amount of Common Stock outstanding on such Closing Date shall govern for purposes of determining whether the Investor, when aggregating all purchases of Common Stock made pursuant to this Agreement and, if any, Warrant Shares, would own more than 4.99% of the Common Stock following such Closing. Then, in such event, the Company would reduce that number of Initial Put Shares so issuable so that it would not exceed the aforementioned 4.99% limitation. The Investor shall notify the Company as soon as possible, but in any event within three Business Days business days of receiving an Initial a Put Notice, if the Investor believes Investor's purchase of the Initial Put Shares specified in the Initial Put Notice would result in the Investor exceeding the 4.99% limitation described above.

Percent Limitation. On each Closing Date for Initial Secondary Put Shares, the number of Initial Secondary Put Shares then to be purchased by the Investor will not exceed the number of such shares which, when aggregated with all other shares of Common Stock then owned by the Investor beneficially or deemed beneficially owned by the Investor, would result in the Investor owning more than 4.99% of all of such Common Stock as would be outstanding on such Closing Date, as determined in accordance with Rule 13d-3 of the Exchange Act and the regulations promulgated thereunder. For purposes of this Section, in the event that the amount of Common Stock outstanding as determined in accordance with Rule 13d-3 of the Exchange Act and the regulations promulgated thereunder is greater on a Closing Date than on the date upon which the Initial Secondary Put Notice associated with such Closing Date is given, the amount of Common Stock outstanding on such Closing Date shall govern for purposes of determining whether the Investor, when aggregating all purchases of Common Stock made pursuant to this Agreement and, if any, Warrant Shares, would own more than 4.99% of the Common Stock following such Closing. Then, in such event, the Company would reduce that number of Initial Secondary Put Shares so issuable so that it would not exceed the aforementioned 4.99% limitation. The Investor shall notify the Company as soon as possible, but in any event within three Business Days of receiving an Initial a Secondary Put Notice, if the Investor believes Investor's purchase of the Initial Secondary Put Shares specified in the Initial Secondary Put Notice would result in the Investor exceeding the 4.99% limitation described above.