Common use of Restrictions on Exercise Amount Clause in Contracts

Restrictions on Exercise Amount. (i) Unless a Holder delivers to the Company irrevocable written notice (x) prior to the date of issuance hereof or sixty-one days prior to the effective date of such notice that this Section 2.4(i) shall not apply to such Holder or (y) prior to a Change of Control 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 Stock 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 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% if the holder is a Crestview Investor or any of their successors or assigns, or 4.99% if the Holder is any other person, in each case, of the total number of shares of Common Stock of the Company then issued and outstanding. For purposes hereof, "

Restrictions on Exercise Amount. (i) Unless a Holder delivers to the Company irrevocable written notice (x) prior to the date of issuance hereof or sixty-one days prior to the effective date of such notice that this Section 2.4(i) shall not apply to such Holder or (y) prior to a Change of Control 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 Stock 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 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 9.994.95% if the holder is a Crestview Investor or any of their successors or assigns, or 4.99% if the Holder is any other person, in each case, of the total number of shares of Common Stock of the Company then issued and outstanding. For purposes hereof, "

Restrictions on Exercise Amount. (i) Unless a Holder delivers to the Company irrevocable written notice (x) prior to the date of issuance hereof or sixty-one days prior to the effective date of such notice that this Section 2.4(i) shall not apply to such Holder or (y) prior to a Change of Control 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 Stock 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 Exchange Act (including shares held by any "group" of which the holder is a member, but but, for avoidance of doubt, excluding shares beneficially owned by virtue of common stock issuable upon the ownership exercise or conversion 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% if the holder is a Crestview Investor or any of their successors or assigns, or 4.99% if the Holder is any other person, in each case, of the total number of shares of Common Stock of the Company then issued and outstanding. For purposes hereof, "