Common use of Purchaser Ownership of Common Stock Clause in Contracts

Purchaser Ownership of Common Stock. The Purchaser agrees not to convert Shares or exercise its Warrants to the extent such conversion or exercise would result in the Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stock, including shares issuable upon conversion of the Shares held by such Purchaser after application of this Section. To the extent that the limitation contained in this Section applies, the determination of whether Shares are convertible (in relation to other securities owned by a Purchaser) and of which Shares are convertible shall be in the sole discretion of the Purchaser, and the submission of Shares for conversion shall be deemed to be such Purchaser's determination of whether such Shares are convertible (in relation to other securities owned by a Purchaser) and of which portion of such Shares are convertible, in each case subject to such aggregate percentage limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. Nothing contained herein shall be deemed to restrict the right of the Purchaser to convert Shares at such time as such conversion will not violate the provisions of this Section. The provisions of this Section will not apply to any conversion pursuant to Section 5(a)(ii) of the Certificates of Designation, and may be waived by the Purchaser upon not less than 75 days prior notice to the Company, and the provisions of this Section shall continue to apply until such 75th day (or later, if stated in the notice of waiver).

Purchaser Ownership of Common Stock. The Purchaser agrees shall not to convert Shares Preferred Stock or exercise its Warrants Warrant to the extent such conversion or exercise would result in the such Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stock, including shares issuable upon conversion of the Shares Preferred Stock held by such Purchaser after application of this Section. To the extent that the limitation contained in this Section applies, the determination of whether Shares Preferred Stock are convertible (in relation to other securities owned by a Purchaser) and of which Shares portion of the principal amount of such Preferred Stock are convertible shall be in the sole discretion of the such Purchaser, and the submission of Shares Preferred Stock for conversion shall be deemed to be such Purchaser's determination of whether such Shares Preferred Stock are convertible (in relation to other securities owned by a Purchaser) and of which portion of such Shares Preferred Stock are convertible, in each case subject to such aggregate percentage limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. Nothing contained herein shall be deemed to restrict the right of the a Purchaser to convert Shares Preferred Stock at such time as such conversion will not violate the provisions of this Section. The provisions of this Section will not apply to any conversion pursuant to Section 5(a)(ii) of the Certificates of Designation, and may be waived by the a Purchaser as to itself (and solely as to itself) upon not less than 75 days prior notice to the Company, and the provisions of this Section shall continue to apply until such 75th day (or later, if stated in the notice of waiver).

Purchaser Ownership of Common Stock. The In no event shall the Purchaser agrees not be permitted to use its ability to convert Shares Debentures or exercise its Warrants Warrant to the extent that such conversion or exercise would result in the Purchaser beneficially owning (as determined in accordance with Section 13(d) for purposes of Rule 13d-3 under the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stock, including shares issuable upon conversion of the Shares Debentures held by such the Purchaser after application of this Section. To the extent that the limitation contained in this Section applies, the determination of whether Shares Debentures are convertible (in relation to other securities owned by a the Purchaser) and of which Shares Debentures are convertible shall be in the sole discretion of the Purchaser, and the submission of Shares Debentures for conversion shall be deemed to be such the Purchaser's determination of whether such Shares Debentures are convertible (in relation to other securities owned by a the Purchaser) and of which portion of such Shares Debentures are convertible, in each case subject to such aggregate percentage limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. Nothing contained herein shall be deemed to restrict the right of the Purchaser to convert Shares Debentures at such time as such conversion will not violate the provisions of this Section. The provisions of this Section will not apply to any conversion pursuant to Section 5(a)(ii) of the Certificates of Designation, and may be waived by the Purchaser upon not less than 75 days prior notice to the Company, and the provisions of this Section shall continue to apply until such 75th day (or later, if stated in the notice of waiver).

Purchaser Ownership of Common Stock. The Purchaser agrees Purchasers agree not to convert Shares or exercise its Warrants to the extent such conversion or exercise would result in the Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stock, including shares issuable upon conversion of the Shares held by such Purchaser Purchasers after application of this Section. To the extent that the limitation contained in this Section applies, the determination of whether Shares are convertible (in relation to other securities owned by a Purchaser) and of which Shares are convertible shall be in the sole discretion of the Purchaser, and the submission of Shares for conversion shall be deemed to be such Purchaser's determination of whether such Shares are convertible (in relation to other securities owned by a Purchaser) and of which portion of such Shares are convertible, in each case subject to such aggregate percentage limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. Nothing contained herein shall be deemed to restrict the right of the Purchaser to convert Shares at such time as such conversion will not violate the provisions of this Section. The provisions of this Section will not apply to any conversion pursuant to Section 5(a)(ii) of the Certificates Certificate of Designation, and may be waived by the Purchaser upon not less than 75 days prior notice to the Company, and the provisions of this Section shall continue to apply until such 75th day (or later, if stated in the notice of waiver).

Purchaser Ownership of Common Stock. The Purchaser agrees not to convert Shares or exercise its Warrants Debentures to the extent such conversion or exercise would result in the Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stock, including shares issuable upon conversion of the Shares Debentures held by such the Purchaser after application of this Section. To the extent that the limitation contained in this Section applies, the determination of whether Shares Debentures are convertible (in relation to other securities owned by a the Purchaser) and of which Shares portion of the principal amount of such Debentures are convertible shall be in the sole discretion of the Purchaser, and the submission of Shares Debentures for conversion shall be deemed to be such the Purchaser's determination of whether such Shares Debentures are convertible (in relation to other securities owned by a the Purchaser) and of which portion of such Shares Debentures are convertible, in each case subject to such aggregate percentage limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. Nothing contained herein shall be deemed to restrict the right of the Purchaser to convert Shares Debentures at such time as such conversion will not violate the provisions of this Section. The provisions of this Section will not apply to any conversion pursuant to Section 5(a)(ii) of the Certificates of Designation, and may be waived by the Purchaser upon not less than 75 days prior notice to the Company, and the provisions of this Section shall continue to apply until such 75th day (or later, if stated in the notice of waiver).

Purchaser Ownership of Common Stock. The Purchaser agrees not to convert Shares or exercise its Warrants to the extent such conversion or exercise would result in the Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the shares of Common Stock then issued and outstanding shares of Common Stockoutstanding, including shares issuable upon conversion of the Shares held by such Purchaser after application of this Section. To the extent that the limitation contained in this Section applies, the determination of whether Shares are convertible (in relation to other securities owned by a Purchaser) and of which Shares are convertible shall be in the sole discretion of the Purchaser, and the submission of Shares for conversion shall be deemed to be such Purchaser's determination of whether such Shares are convertible (in relation to other securities owned by a Purchaser) and of which portion of such Shares are convertible, in each case subject to such aggregate percentage limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. Nothing contained herein shall be deemed to restrict the right of the Purchaser to convert Shares at such time as such conversion will not violate the provisions of this Section. The provisions of this Section will not apply to any conversion pursuant to Section 5(a)(ii) of the Certificates Certificate of Designation, and may be waived by the Purchaser upon not less than 75 days prior notice to the Company, and the provisions of this Section shall continue to apply until such 75th day (or later, if stated in the notice of waiver).

Purchaser Ownership of Common Stock. The In no event shall a Purchaser agrees not be permitted to use its ability to convert Shares or exercise its Warrants Warrant to the extent such conversion or exercise would result in the such Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stock, including shares issuable upon conversion of the Shares held by such Purchaser after application of this Section. To the extent that the limitation contained in this Section applies, the determination of whether Shares are convertible (in relation to other securities owned by a Purchaser) and of which Shares are convertible shall be in the sole discretion of the such Purchaser, and the submission of Shares for conversion shall be deemed to be such Purchaser's determination of whether such Shares are convertible (in relation to other securities owned by a Purchaser) and of which portion of such Shares are convertible, in each case subject to such aggregate percentage limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. Nothing contained herein shall be deemed to restrict the right of the a Purchaser to convert Shares at such time as such conversion will not violate the provisions of this Section. The provisions of this Section will not apply to any conversion pursuant to Section 5(a)(ii) of the Certificates of Designation, and may be waived by the a Purchaser as to itself (and solely as to itself) upon not less than 75 days prior notice to the Company, and the provisions of this Section shall continue to apply until such 75th day (or later, if stated in the notice of waiver).

Purchaser Ownership of Common Stock. The Purchaser agrees not to convert Shares or exercise its Warrants the Warrant to the extent such conversion or exercise would result in the Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the shares of Common Stock then issued and outstanding shares of Common Stockoutstanding, including shares issuable upon conversion of the Shares and exercise of the Warrant held by such Purchaser after application of this Section. To the extent that the limitation contained in this Section applies, the determination of whether Shares are convertible or the Warrant is exercisable (in relation to other securities owned by a Purchaser) and of which Shares are convertible shall be in the sole discretion of the Purchaser, and the submission of Shares for conversion or the Warrant for exercise shall be deemed to be such Purchaser's determination of whether such Shares are convertible or the Warrant is exercisable (in relation to other securities owned by a Purchaser) and of which portion of such Shares or portion of the Warrant are convertibleconvertible or exercisable (as the case may be), in each case subject to such aggregate percentage limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. Nothing contained herein shall be deemed to restrict the right of the Purchaser to convert Shares or exercise the Warrant at such time as such conversion will not violate the provisions of this Section. The provisions of this Section will not apply to any conversion pursuant to Section 5(a)(ii) of the Certificates Certificate of Designation, and may be waived by the Purchaser upon not less than 75 days prior notice to the Company, and the provisions of this Section shall continue to apply until such 75th day (or later, if stated in the notice of waiver).

Purchaser Ownership of Common Stock. The Purchaser agrees not to convert Shares or Dividend Shares or exercise its the Warrants to the extent such conversion or exercise would result in the Purchaser beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules thereunder) in excess of 4.999% of the then issued and outstanding shares of Common Stock, including shares issuable upon conversion of the Shares or Dividend Shares and exercise of the Warrants held by such Purchaser after application of this Section. To the extent that the limitation contained in this Section applies, the determination of whether Shares or Dividend Shares are convertible (in relation to other securities owned by a Purchaser) and of which Shares or Dividend Shares are convertible shall be in the sole discretion of the Purchaser, and the submission of Shares or Dividend Shares for conversion shall be deemed to be such Purchaser's determination of whether such Shares or Dividend Shares are convertible (in relation to other securities owned by a Purchaser) and of which portion of such Shares or Dividend Shares are convertible, in each case subject to such aggregate percentage limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. Nothing contained herein shall be deemed to restrict the right of the Purchaser to convert Shares or Dividend Shares or exercise the Warrants at such time as such conversion will not violate the provisions of this Section. The provisions of this Section will not apply to any conversion pursuant to Section 5(a)(ii) of the Certificates of Designation, and may be waived by the Purchaser upon not less than 75 days prior notice to the Company, and the provisions of this Section shall continue to apply until such 75th day (or later, if stated in the notice of waiver).