Common use of Certain Conversion Limitations Clause in Contracts

Certain Conversion Limitations. The Lender may not convert an outstanding principal amount of this Note or accrued and unpaid interest thereon to the extent such conversion would result in the Lender, together with any affiliate thereof, beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act (as defined in Section 15) and the rules promulgated thereunder) in excess of 9.999% of the then issued and outstanding shares of Common Stock. Since the Lender will not be obligated to report to the Maker the number of shares of Common Stock it may hold at the time of a conversion hereunder, unless the conversion at issue would result in the beneficial ownership in excess of 9.999% of the then outstanding shares of Common Stock (inclusive of any other shares which may be beneficially owned by the Lender or an affiliate thereof), the Lender shall have the authority and obligation to determine whether and the extent to which the restriction contained in this Section will limit any particular conversion hereunder. The Lender may waive the provisions of this Section upon not less than 75 days prior notice to the Maker.

Certain Conversion Limitations. The Lender may not convert an outstanding principal amount of this Note or accrued and unpaid interest thereon to the extent such conversion would result in the Lender, together with any affiliate thereof, beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act (as defined in Section 1514) and the rules promulgated thereunder) in excess of 9.999% of the then issued and outstanding shares of Common Stock. Since the Lender will not be obligated to report to the Maker the number of shares of Common Stock it may hold at the time of a conversion hereunder, unless the conversion at issue would result in the beneficial ownership in excess of 9.999% of the then outstanding shares of Common Stock (inclusive of any other shares which may be beneficially owned by the Lender or an affiliate thereof), the Lender shall have the authority and obligation to determine whether and the extent to which the restriction contained in this Section will limit any particular conversion hereunder. The Lender may waive the provisions of this Section upon not less than 75 days prior notice to the Maker.

Certain Conversion Limitations. (a) The Lender Payee may not convert an outstanding principal amount of this Note or accrued and unpaid interest thereon to the extent such conversion would result in the LenderPayee, together with any affiliate thereof, beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act (as defined in Section 15) and the rules promulgated thereunder) in excess of 9.9999.99% of the then issued and outstanding shares of Common Stock. Since the Lender Payee will not be obligated to report to the Maker the number of shares of Common Stock it may hold at the time of a conversion hereunder, unless the conversion at issue would result in the beneficial ownership issuance of Shares in excess of 9.9999.99% of the then outstanding shares of Common Stock (inclusive of without regard to any other shares which may be beneficially owned by the Lender Payee or an affiliate thereof), the Lender Payee shall have the authority and obligation to determine whether and the extent to which the restriction contained in this Section will limit any particular conversion hereunder. The Lender may waive the provisions of this Section may be waived by Payee upon not less than 75 days 61 days’ prior notice to the Maker.

Certain Conversion Limitations. a) The Lender Payee may not convert an outstanding principal amount of this Note or accrued and unpaid interest Regular Interest thereon to the extent such conversion would result in the LenderPayee, together with any affiliate Affiliate thereof, beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act (as defined in Section 1520 hereof) and the rules promulgated thereunder) in excess of 9.9999.99% of the then issued and outstanding shares of Common Stock. Since the Lender Payee will not be obligated to report to the Maker the number of shares of Common Stock it may hold at the time of a conversion hereunder, unless the conversion at issue would result in the beneficial ownership issuance of Shares in excess of 9.9999.99% of the then outstanding shares of Common Stock (inclusive of without regard to any other shares which may be beneficially owned by the Lender Payee or an affiliate Affiliate thereof), the Lender Payee shall have the authority and obligation to determine whether and the extent to which the restriction contained in this Section will limit any particular conversion hereunder. The Lender may waive the provisions of this Section may be waived by Payee upon not less than 75 days 61 days’ prior notice to the Maker.

Certain Conversion Limitations. (a) The Lender Payee may not convert an any outstanding principal amount of this Note or accrued and unpaid interest thereon to the extent such conversion would result in the LenderPayee, together with any affiliate thereof, beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act (as defined in Section 1513) and the rules promulgated thereunder) in excess of 9.9994.99% of the then then-issued and outstanding shares of Common Stock. Since the Lender Payee will not be obligated to report to the Maker Parent the number of shares of Common Stock it may hold at the time of a conversion hereunder, unless the conversion at issue would result in the beneficial ownership issuance of Shares in excess of 9.9994.99% of the then then-outstanding shares of Common Stock (inclusive of without regard to any other shares which may be beneficially owned by the Lender Payee or an affiliate thereof), the Lender Payee shall have the authority and obligation to determine whether and the extent to which the restriction contained in this Section will limit any particular conversion hereunder. The Lender may waive the provisions of this Section may be waived by the Payee upon not less than 75 days 61 days’ prior notice to the Maker.