Common use of Warrant Exercise Limitation Clause in Contracts

Warrant Exercise Limitation. Notwithstanding any other provision of this Certificate, or the total number of shares of Common Stock otherwise available for purchase by Holder hereunder, if as of the date of exercise INCA has a class of securities registered under Section 12 of the Securities Exchange Act of 1934, as amended, Holder may not exercise any Warrants under this Section 1 if immediately following such exercise Holder would beneficially own 4.99% or more of the outstanding Common Stock of INCA. For this purpose, a representation of the Holder that following such exercise it would not beneficially own 4.99% or more of the outstanding Common Stock of INCA shall be conclusive and binding upon INCA.