Common use of Principal Market Limitation Clause in Contracts

Principal Market Limitation. Notwithstanding anything in this Warrant to the contrary, the Company shall not issue any shares of Common Stock pursuant to the terms of this Warrant if the issuance of such shares of Common Stock would exceed the aggregate number of shares of Common Stock that the Company may in connection with any transaction aggregated with this Warrant in compliance with the Company’s obligations under the rules or regulations of Nasdaq Stock Market (such amount of shares shall be referred to as the “Exchange Cap”), except that such limitation shall not apply in the event that the Company (A) obtains the approval of its stockholders as required by the applicable rules of the Nasdaq Stock Market for issuances of shares of Common Stock in excess of such amount or (B) obtains a written opinion from outside counsel to the Company that such approval is not required, which opinion shall be reasonably satisfactory to the Holder.

Principal Market Limitation. Notwithstanding anything in this Warrant Debenture to the contrary, the Company shall not issue any shares of Common Stock pursuant to the terms of this Warrant Debenture if the issuance of such shares of Common Stock would exceed the aggregate number of shares of Common Stock that the Company may in connection with any transaction aggregated with this Warrant issue upon conversion of the Debenture, and the Other Debentures in compliance with the Company’s obligations under the rules or regulations of Nasdaq Stock Market (such amount of shares shall be referred to as the “Exchange Cap”), except that such limitation shall not apply in the event that the Company (A) obtains the approval of its stockholders as required by the applicable rules of the Nasdaq Stock Market for issuances of shares of Common Stock in excess of such amount or (B) obtains a written opinion from outside counsel to the Company that such approval is not required, which opinion shall be reasonably satisfactory to the Holder.

Principal Market Limitation. Notwithstanding anything in this Warrant Agreement to the contrary, the Company shall not issue any shares of Common Stock Shares pursuant to the terms of this Warrant Agreement if the issuance of such shares of Common Stock Shares would exceed the aggregate number of shares of Common Stock Shares that the Company may in connection with any transaction aggregated with issue pursuant to this Warrant Agreement in compliance with the Company’s obligations under the rules or regulations of Nasdaq Stock the Principal Market (the number of Shares which may be issued without violating such amount of shares shall be rules being referred to as the “Exchange Cap”), except that such limitation shall not apply in the event that the Company (A) obtains the approval of its stockholders as required by the applicable rules of the Nasdaq Stock Principal Market for issuances of shares of Common Stock Shares in excess of such amount (such approval, the “Exchange Cap Stockholder Consent”) or (B) obtains a written opinion from outside counsel to the Company that such approval is not required, which opinion shall be reasonably satisfactory to the HolderInvestor.

Principal Market Limitation. Notwithstanding anything in this Warrant Debenture to the contrary, the Company shall not issue any shares of Common Stock pursuant to the terms of this Warrant Debenture if the issuance of such shares of Common Stock would exceed the aggregate number of shares of Common Stock that the Company may in connection with any transaction aggregated with this Warrant issue upon conversion of the Debenture and the Other Debentures in compliance with the Company’s obligations under the rules or regulations of Nasdaq Stock the Principal Market (such amount the number of shares which may be issued without violating such rules and regulations is 390,132 and shall be referred to as the “Exchange Cap”), except that such limitation shall not apply in the event that the Company (A) obtains the approval of its stockholders as required by the applicable rules of the Nasdaq Stock Principal Market for issuances of shares of Common Stock in excess of such amount or (B) obtains a written opinion from outside counsel to the Company that such approval is not required, which opinion shall be reasonably satisfactory to the Holder.

Principal Market Limitation. Notwithstanding anything in this Warrant Debenture to the contrary, the Company shall not issue any shares of Common Stock pursuant to the terms of this Warrant Debenture if the issuance of such shares of Common Stock would exceed the aggregate number of shares of Common Stock that the Company may in connection with any transaction aggregated with this Warrant issue upon conversion of the Debenture, the Other Debentures, and the June SPA Debentures in compliance with the Company’s obligations under the rules or regulations of Nasdaq Stock Market (such amount of shares shall be referred to as the “Exchange Cap”), except that such limitation shall not apply in the event that the Company (A) obtains the approval of its stockholders as required by the applicable rules of the Nasdaq Stock Market for issuances of shares of Common Stock in excess of such amount or (B) obtains a written opinion from outside counsel to the Company that such approval is not required, which opinion shall be reasonably satisfactory to the Holder.

Principal Market Limitation. Notwithstanding anything in this Warrant Debenture to the contrary, the Company shall not issue any shares of Common Stock pursuant to the terms of this Warrant Debenture if the issuance of such shares of Common Stock would exceed the aggregate number of shares of Common Stock that the Company may in connection with any transaction aggregated with this Warrant issue upon conversion of the Debenture and the Other Debentures in compliance with the Company’s obligations under the rules or regulations of Nasdaq Stock Market (such amount of shares shall be referred to as the “Exchange Cap”), except that such limitation shall not apply in the event that the Company (A) obtains the approval of its stockholders as required by the applicable rules of the Nasdaq Stock Market for issuances of shares of Common Stock in excess of such amount or (B) obtains a written opinion from outside counsel to the Company that such approval is not required, which opinion shall be reasonably satisfactory to the Holder.