Common use of Limitation on Investor's Obligation to Purchase Shares Clause in Contracts

Limitation on Investor's Obligation to Purchase Shares. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be required to purchase, and the Company shall in no event sell to the Investor, that number of Shares, which when added to the sum of the number of Shares beneficially owned, (as such term is defined under Section 13(d) and Rule 13d-3 of the Securities Exchange Act of 1934 (the "1934 ACT")), by the Investor, would exceed 4.99% of the number of Shares outstanding on the Put Notice Date for such Purchase Period, as determined in accordance with Rule 13d-1(j) of the 1934 Act. In no event shall the Investor purchase Shares of the Common Stock other than pursuant to this Agreement until such date as this Agreement is terminated. Each Put Notice shall include a representation of the Company as to the number of Shares of Common Stock outstanding on the related Put Notice Date as determined in accordance with Section 13(d) of the 1934 Act. In the event that the number of Shares of Common Stock outstanding as determined in accordance with Section 13(d) of the 1934 Act is different on any date during a Purchase Period than on the Put Notice Date associated with such Purchase Period, then the number of Shares of Common Stock outstanding on such date during such Purchase Period shall govern for purposes of determining whether the Investor would be acquiring beneficial ownership of more than 4.99% of the number of Shares of Common Stock outstanding during such period.

Limitation on Investor's Obligation to Purchase Shares. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be required to purchase, and the Company shall in no event sell to the Investor, that number of Shares, which when added to the sum of the number of Shares beneficially owned, (as such term is defined under Section 13(d) and Rule 13d-3 of the Securities Exchange Act of 1934 1934, as may be amended, (the "“1934 ACT"Act”)), by the Investor, Investor would exceed 4.99% of the number of Shares outstanding on the Put Draw Down Notice Date for such Purchase Pricing Period, as determined in accordance with Rule 13d-1(j) of under the 1934 Act. In no event shall the Investor purchase Shares of the Common Stock other than pursuant to this Agreement until such date as this Agreement is terminated. Each Put Draw Down Notice shall include a representation of the Company as to the number of Shares of Common Stock outstanding on the related Put Draw Down Notice Date as determined in accordance with Section 13(d) of the 1934 Act. In the event that the number of Shares of Common Stock outstanding as determined in accordance with Section 13(d) of the 1934 Act is different on any date during a Purchase Pricing Period than on the Put Draw Down Notice Date associated with such Purchase Pricing Period, then the number of Shares of Common Stock outstanding on such date during such Purchase Pricing Period shall govern for purposes of determining whether the Investor would be acquiring beneficial ownership of more than 4.99% of the number of Shares of Common Stock outstanding during such period. If any legal opinion letter is needed for any aspect of this transaction including getting the drawdown or commitment fee shares into the account of the Investor the Company shall pay for it.

Limitation on Investor's Obligation to Purchase Shares. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be required to purchase, and the Company shall in no event sell to the Investor, that number of Shares, which when added to the sum of the number of Shares beneficially owned, (as such term is defined under Section 13(d) and Rule 13d-3 of the Securities Exchange Act of 1934 1934, as may be amended, (the "1934 ACT")), by the Investor, would exceed 4.99% of the number of Shares outstanding on the Put Notice Date for such Purchase Pricing Period, as determined in accordance with Rule 13d-1(j) of under the 1934 Act. In no event shall the Investor purchase Shares of the Common Stock other than pursuant to this Agreement until such date as this Agreement is terminated. Each Put Notice shall include a representation of the Company as to the number of Shares of Common Stock outstanding on the related Put Notice Date as determined in accordance with Section 13(d) of the 1934 Act. In the event that the number of Shares of Common Stock outstanding as determined in accordance with Section 13(d) of the 1934 Act is different on any date during a Purchase Pricing Period than on the Put Notice Date associated with such Purchase Pricing Period, then the number of Shares of Common Stock outstanding on such date during such Purchase Pricing Period shall govern for purposes of determining whether the Investor would be acquiring beneficial ownership of more than 4.99% of the number of Shares of Common Stock outstanding during such period.

Limitation on Investor's Obligation to Purchase Shares. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be required to purchase, and the Company shall in no event sell to the Investor, that number of Shares, which when added to the sum of the number of Shares beneficially owned, (as such term is defined under Section 13(d) and Rule 13d-3 of the Securities Exchange Act of 1934 1934, as may be amended, (the "1934 ACT")), by the Investor, would exceed 4.99% of the number of Shares outstanding on the Put Notice Date for such Purchase Period, as determined in accordance with Rule 13d-1(j) of under the 1934 Act. In no event shall the Investor purchase Shares of the Common Stock other than pursuant to this Agreement until such date as this Agreement is terminated. Each Put Notice shall include a representation of the Company as to the number of Shares of Common Stock outstanding on the related Put Notice Date as determined in accordance with Section 13(d) of the 1934 Act. In the event that the number of Shares of Common Stock outstanding as determined in accordance with Section 13(d) of the 1934 Act is different on any date during a Purchase Period than on the Put Notice Date associated with such Purchase Period, then the number of Shares of Common Stock outstanding on such date during such Purchase Period shall govern for purposes of determining whether the Investor would be acquiring beneficial ownership of more than 4.99% of the number of Shares of Common Stock outstanding during such period.

Limitation on Investor's Obligation to Purchase Shares. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be required to purchase, and the Company shall in no event sell to the Investor, that number of Shares, which when added to the sum of the number of Shares beneficially owned, (as such term is defined under Section 13(d) and Rule 13d-3 of the Securities Exchange Act of 1934 1934, as may be amended, (the "1934 ACT")), by the Investor, would exceed 4.99% of the number of Shares outstanding on the Put Notice Date for such Purchase Pricing Period, as determined in accordance with Rule 13d-1(j) of promulgated under the 1934 Act. In no event shall the Investor purchase Shares of the Common Stock other than pursuant to this Agreement until such date as this Agreement is terminated. Each Put Notice shall include a representation of the Company as to the number of Shares of Common Stock outstanding on the related Put Notice Date as determined in accordance with Section 13(d) of the 1934 Act. In the event that the number of Shares of Common Stock outstanding as determined in accordance with Section 13(d) of the 1934 Act is different on any date during a Purchase Pricing Period than the number of shares of Common Stock outstanding on the Put Notice Date associated with such Purchase Pricing Period, then the number of Shares of Common Stock outstanding on such date during such Purchase Pricing Period shall govern for purposes of determining whether the Investor would be acquiring beneficial ownership of more than 4.99% of the number of Shares of Common Stock outstanding during such period.

Limitation on Investor's Obligation to Purchase Shares. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be required to purchase, and the Company shall in no event sell to the Investor, that number of Shares, which when added to the sum of the number of Shares beneficially owned, (owned [as such term is defined under Section 13(d) and Rule 13d-3 of the Securities Exchange Act of 1934 1934, as may be amended, (the "1934 ACT"))], by the Investor, would exceed 4.99% nine percent (9.0%) of the number of Shares outstanding on the Put Notice Date for such Purchase Pricing Period, as determined in accordance with Rule 13d-1(j) of under the 1934 Act. In no event shall the Investor purchase Shares of the Common Stock other than pursuant to this Agreement until such date as this Agreement is terminated. Each Put Notice shall include a representation of the Company as to the number of Shares of Common Stock outstanding on the related Put Notice Date as determined in accordance with Section 13(d) of the 1934 Act. In the event that the number of Shares of Common Stock outstanding as determined in accordance with Section 13(d) of the 1934 Act is different on any date during a Purchase Pricing Period than on the Put Notice Date associated with such Purchase Pricing Period, then the number of Shares of Common Stock outstanding on such date during such Purchase Pricing Period shall govern for purposes of determining whether the Investor would be acquiring beneficial ownership of more than 4.99% nine percent (9.0%) of the number of Shares of Common Stock outstanding during such period.

Limitation on Investor's Obligation to Purchase Shares. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be required to purchase, and the Company shall in no event sell to the Investor, that number of Shares, which when added to the sum of the number of Shares beneficially owned, (as such term is defined under Section 13(d) and Rule 13d-3 of the Securities Exchange Act of 1934 1934, as may be amended, (the "1934 ACT")), by the Investor, would exceed 4.99% of the number of Shares outstanding on the Put Notice Date for such Purchase Pricing Period, as determined in accordance with Rule 13d-1(j) of promulgated under the 1934 Act. In no event shall the Investor purchase Shares of the Common Stock other than pursuant to this Agreement until such date as this Agreement is terminated. Each Put Notice shall include a representation of the Company as to the number of Shares of Common Stock outstanding on the related Put Notice Date as determined in accordance with Section 13(d) of the 1934 ActDate. In the event that the number of Shares of Common Stock outstanding as determined in accordance with Section 13(d) of the 1934 Act is different on any date during a Purchase Pricing Period than the number of shares of Common Stock outstanding on the Put Notice Date associated with such Purchase Pricing Period, then the number of Shares of Common Stock outstanding on such date during such Purchase Pricing Period shall govern for purposes of determining whether the Investor would be acquiring beneficial ownership of more than 4.99% of the number of Shares of Common Stock outstanding during such period.

Limitation on Investor's Obligation to Purchase Shares. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be required to purchase, and the Company shall in no event sell to the Investor, that number of Shares, which when added to the sum of the number of Shares beneficially owned, (as such term is defined under Section 13(d) and Rule 13d-3 of the Securities Exchange Act of 1934 1934, as may be amended, (the "1934 ACTAct")), by the Investor, would exceed four and ninety-nine hundredths percent (4.99% %) of the number of Shares outstanding on the Put Notice Date for such Purchase Pricing Period, as determined in accordance with Rule 13d-1(j) of under the 1934 Act. In no event shall the Investor purchase Shares of the Common Stock other than pursuant to this Agreement until such date as this Agreement is terminated. Each Put Notice shall include a representation of the Company as to the number of Shares of Common Stock outstanding on the related Put Notice Date as determined in accordance with Section 13(d) of the 1934 Act. In the event that the number of Shares of Common Stock outstanding as determined in accordance with Section 13(d) of the 1934 Act is different on any date during a Purchase Pricing Period than on the Put Notice Date associated with such Purchase Pricing Period, then the number of Shares of Common Stock outstanding on such date during such Purchase Pricing Period shall govern for purposes of determining whether the Investor would be acquiring beneficial ownership of more than four and ninety-nine hundredths percent (4.99% %) of the number of Shares of Common Stock outstanding during such period.

Limitation on Investor's Obligation to Purchase Shares. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be required to purchase, and the Company shall in no event sell to the Investor, that number of Shares, which when added to the sum of the number of Shares beneficially owned, (as such term is defined under Section 13(d) and Rule 13d-3 of the Securities Exchange Act of 1934 1934, as may be amended, (the "“1934 ACT"”)), by the Investor, would exceed 4.99% of the number of Shares outstanding on the Put Notice Date for such Purchase Pricing Period, as determined in accordance with Rule 13d-1(j) of promulgated under the 1934 Act. In no event shall the Investor purchase Shares of the Common Stock other than pursuant to this Agreement until such date as this Agreement is terminated. Each Put Notice shall include a representation of the Company as to the number of Shares of Common Stock outstanding on the related Put Notice Date as determined in accordance with Section 13(d) of the 1934 Act. In the event that the number of Shares of Common Stock outstanding as determined in accordance with Section 13(d) of the 1934 Act is different on any date during a Purchase Pricing Period than the number of shares of Common Stock outstanding on the Put Notice Date associated with such Purchase Pricing Period, then the number of Shares of Common Stock outstanding on such date during such Purchase Pricing Period shall govern for purposes of determining whether the Investor would be acquiring beneficial ownership of more than 4.99% of the number of Shares of Common Stock outstanding during such period.