Common use of Restrictions on Exercise Amount Clause in Contracts

Restrictions on Exercise Amount. Unless a Holder delivers to the Company irrevocable written notice (x) prior to the date of issuance hereof or 61 days prior to the effective date of such notice that this Section 5(c) shall not apply to such Holder or (y) prior to a Change of Control, the Holder may not acquire a number of Warrant Shares to the extent that, upon such exercise, the number of shares of Common Stock then beneficially owned by such Holder and its affiliates and any other persons or entities whose beneficial ownership of Common Stock would be aggregated with the Holder's for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), (including shares held by any "group" of which the Holder is a member, but excluding shares beneficially owned by virtue of the ownership of securities or rights to acquire securities that have limitations on the right to convert, exercise or purchase similar to the limitation set forth herein) exceeds 9.99% of the total number of shares of Common Stock of the Company then issued and outstanding. For purposes hereof, "group" has the meaning set forth in Section 13(d) of the Exchange Act and applicable regulations of the Securities and Exchange Commission (the "COMMISSION"), and the percentage held by the holder shall be determined in a manner consistent with the provisions of Section 13(d)

Restrictions on Exercise Amount. Unless a Holder delivers to the Company irrevocable written notice (x) prior to the date of issuance hereof or 61 days prior to the effective date of such notice that this Section 5(c) shall not apply to such Holder or (y) prior to a Change of Control, the Holder may not acquire a number of Warrant Shares to the extent that, upon such exercise, the number of shares of Common Stock then beneficially owned by such Holder and its affiliates and any other persons or entities whose beneficial ownership of Common Stock would be aggregated with the Holder's for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), (including shares held by any "group" of which the Holder is a member, but excluding shares beneficially owned by virtue of the ownership of securities or rights to acquire securities that have limitations on the right to convert, exercise or purchase similar to the limitation set forth herein) exceeds 9.99% of the total number of shares of Common Stock of the Company then issued and outstanding. For purposes hereof, "group" has the meaning set forth in Section 13(d) of the Exchange Act and applicable regulations of the Securities and Exchange Commission (the "COMMISSION")Commission, and the percentage held by the holder shall be determined in a manner consistent with the provisions of Section 13(d)

Restrictions on Exercise Amount. Unless a Holder delivers to the The Company irrevocable written notice (x) prior to the date of issuance hereof or 61 days prior to the effective date of such notice that this Section 5(c) shall not apply to such Holder or (y) prior to a Change effect any exercise of Controlthis Warrant, and the Holder may shall not acquire a number have the right to exercise any portion of Warrant Shares this Warrant, to the extent that, upon after giving effect to such exerciseissuance, the number of shares of Common Stock then beneficially owned by such Holder and its affiliates and any other persons or entities whose beneficial ownership of Common Stock would be aggregated with the Holder's for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT")) and the rules and regulations promulgated thereunder, (including shares held by any "group" of which the Holder is a member, but excluding shares beneficially owned by virtue of the ownership of securities or rights to acquire securities that have limitations on the right to convert, exercise or purchase similar to the limitation set forth herein) exceeds 9.99would exceed 4.99% (the "APPLICABLE PERCENTAGE") of the total number of shares of Common Stock of the Company then issued and outstandingoutstanding immediately after giving effect to such exercise. For purposes hereof, "group" has the meaning set forth in Section 13(d) of the Exchange Act and applicable rules and regulations of the Securities and Exchange Commission (the "COMMISSION"), and the percentage held by the holder Holder shall be determined in a manner consistent with the provisions of Section 13(d)

Restrictions on Exercise Amount. (i) Unless a Holder delivers to the Company irrevocable written notice (x) prior to the date of issuance hereof or 61 sixty-one (61) days prior to the effective date of such notice that this Section 5(c2.4(i) shall not apply to such Holder or (y) prior to a Change of ControlControl the terms of which require the conversion of the Preferred Stock into Common Stock, the Holder may not acquire a number of shares of Warrant Shares Stock to the extent that, upon such exercise, the number of shares of Common Stock then beneficially owned by such Holder holder and its affiliates Affiliates and any other persons or entities whose beneficial ownership of Common Stock would be aggregated with the Holder's ’s for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), (including shares held by any "“group" ” of which the Holder holder is a member, but excluding shares beneficially owned by virtue of the ownership of securities or rights to acquire securities that have limitations on the right to convert, exercise or purchase similar to the limitation set forth herein) exceeds 9.994.99% of the total number of shares of Common Stock of the Company then issued and outstanding. For purposes hereof, "“group" ” has the meaning set forth in Section 13(d) of the Exchange Act and applicable regulations of the Securities and Exchange Commission (the "COMMISSION")Commission, and the percentage held by the holder shall be determined in a manner consistent with the provisions of Section 13(d)

Restrictions on Exercise Amount. (i) Unless a Holder delivers to the Company irrevocable written notice (x) prior to the date of issuance hereof or 61 sixty-one days prior to the effective date of such notice that this Section 5(c2.4(i) shall not apply to such Holder or (y) immediately prior to a Change of Control, the Holder may not acquire a number of shares of Warrant Shares Stock to the extent that, upon such exercise, the number of shares of Common Stock then beneficially owned by such Holder holder and its affiliates Affiliates and any other persons or entities whose beneficial ownership of Common Stock would be aggregated with the Holder's ’s for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), (including shares held by any "“group" ” of which the Holder holder is a member, but excluding shares beneficially owned by virtue of the ownership of securities or rights to acquire securities that have limitations on the right to convert, exercise or purchase similar to the limitation set forth herein) exceeds 9.99% of the total number of shares of Common Stock of the Company then issued and outstanding. For purposes hereof, "“group" ” has the meaning set forth in Section 13(d) of the Exchange Act and applicable regulations of the Securities and Exchange Commission (the "COMMISSION")Commission, and the percentage held by the holder shall be determined in a manner consistent with the provisions of Section 13(d)

Restrictions on Exercise Amount. (i) Unless a Holder delivers to the Company irrevocable written notice (x) prior to the date of issuance hereof or 61 sixty-one days prior to the effective date of such notice that this Section 5(c2.4(i) shall not apply to such Holder or (y) prior to a Change of ControlControl the terms of which require the conversion of the Notes or Conversion Securities, if applicable, into Common Stock, the Holder may not acquire a number of shares of Warrant Shares Stock to the extent that, upon such exercise, the number of shares of Common Stock then beneficially owned by such Holder holder and its affiliates Affiliates and any other persons or entities whose beneficial ownership of Common Stock would be aggregated with the Holder's ’s for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), (including shares held by any "“group" ” of which the Holder holder is a member, but excluding shares beneficially owned by virtue of the ownership of securities or rights to acquire securities that have limitations on the right to convert, exercise or purchase similar to the limitation set forth herein) exceeds 9.994.999% of the total number of shares of Common Stock of the Company then issued and outstanding. For purposes hereof, "“group" ” has the meaning set forth in Section 13(d) of the Exchange Act and applicable regulations of the Securities and Exchange Commission (the "COMMISSION")Commission, and the percentage held by the holder shall be determined in a manner consistent with the provisions of Section 13(d)

Restrictions on Exercise Amount. (i) Unless a Holder delivers to the Company irrevocable written notice (x) prior to the date of issuance hereof or 61 sixty-one days prior to the effective date of such notice that this Section 5(c2.4(i) shall not apply to such Holder or (y) prior to a Change of ControlControl the terms of which require the conversion of the Preferred Stock into Common Stock, the Holder may not acquire a number of shares of Warrant Shares Stock to the extent that, upon such exercise, the number of shares of Common Stock then beneficially owned by such Holder holder and its affiliates Affiliates and any other persons or entities whose beneficial ownership of Common Stock would be aggregated with the Holder's for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), (including shares held by any "group" of which the Holder holder is a member, but excluding shares beneficially owned by virtue of the ownership of securities or rights to acquire securities that have limitations on the right to convert, exercise or purchase similar to the limitation set forth herein) exceeds 9.994.999% of the total number of shares of Common Stock of the Company then issued and outstanding. For purposes hereof, "group" has the meaning set forth in Section 13(d) of the Exchange Act and applicable regulations of the Securities and Exchange Commission (the "COMMISSION")Commission, and the percentage held by the holder shall be determined in a manner consistent with the provisions of Section 13(d)

Restrictions on Exercise Amount. (i) Unless a Holder delivers to the Company irrevocable written notice (x) prior to the date of issuance hereof or 61 sixty-one days prior to the effective date of such notice that this Section 5(c2.4(i) shall not apply to such Holder or (y) prior Holder, the Company shall not issue to a Change of Controlthe Holder, and the Holder may not acquire acquire, a number of shares of Warrant Shares Stock to the extent that, upon such exercise, the number of shares of Common Stock then beneficially owned by such Holder holder and its affiliates Affiliates and any other persons or entities whose beneficial ownership of Common Stock would be aggregated with the Holder's ’s for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), (including shares held by any "“group" ” of which the Holder holder is a member, ,but excluding shares beneficially owned by virtue of the ownership of securities or rights to acquire securities that have limitations on the right to convert, exercise or purchase similar to the limitation set forth herein) exceeds 9.99would exceed 9.9% of the total number of shares of Common Stock of the Company then issued and outstanding. For purposes hereof, "“group" ” has the meaning set forth in Section 13(d) of the Exchange Act and applicable regulations of the Securities and Exchange Commission (the "COMMISSION")Commission, and the percentage held by the holder shall be determined in a manner consistent with the provisions of Section 13(d)