Common use of Waiver of Restrictions and Limits Clause in Contracts

Waiver of Restrictions and Limits. Provided that Stockholder Approval is obtained, the Company shall take all actions, including by providing any necessary conditional exemptions from or amendments to any agreement or instrument which governs ownership of shares of Company Stock by any person, necessary to permit Investor to Beneficially Own up to and including 49.9% of the outstanding shares of Company Common Stock on an Adjusted Fully Diluted basis. If any third party shall be given the right to Beneficially Own more than 49.9% of the outstanding shares of Company Common Stock on an Adjusted Fully Diluted basis, the Company shall take all actions (including by providing the foregoing exemptions and amendments) to waive any and all restrictions or limits on Investor. Notwithstanding the foregoing but subject to the provisions of Section 5.1, Investor or the Company may at any time acquire Beneficial Ownership of the securities of such other party or its Affiliates to the extent permitted by applicable law and the provisions of the organizational documents of such party or its Affiliates, as applicable, and other agreements from time to time governing the ownership of such securities.

Waiver of Restrictions and Limits. Provided that Stockholder Approval is obtained, the The Company shall take all actions, including by providing any necessary conditional exemptions from or amendments to any agreement or instrument which governs ownership of shares of Company Stock by any person, necessary to permit Investor to Beneficially Own up to and including 49.935.8% of the outstanding shares of Company Common Stock on an Adjusted Fully Diluted basisBasis. If any third party shall be given the right to Beneficially Own more than 49.935.8% of the outstanding shares of Company Common Stock on an Adjusted Fully Diluted basisBasis, the Company shall take all actions (including by providing the foregoing exemptions and amendments) to waive any and all restrictions or limits on Investor. Notwithstanding the foregoing but subject to the provisions of Section 5.1, Investor or the Company may at any time acquire Beneficial Ownership of the securities of such other party or its Affiliates to the extent permitted by applicable law and the provisions of the organizational documents of such party or its Affiliates, as applicable, and other agreements from time to time governing the ownership of such securities.