Common use of Ownership of Common Shares Clause in Contracts

Ownership of Common Shares. Such Purchaser, together with such Purchaser’s Affiliates and associates and any Person with which such Purchaser is acting jointly or in concert, will upon Closing beneficially own less than 20% of the issued and outstanding Common Shares; and for purposes of calculating such beneficial ownership, any such Person will be deemed to beneficially own (i) all Warrant Shares underlying any Warrants held by such Person, and (ii) any Common Shares which such Person otherwise has the right to acquire within 60 days (including upon the occurrence of a contingency or the making of a payment) pursuant to any convertible security, agreement, arrangement, pledge or understanding, whether or not in writing. The Company acknowledges and agrees that the representations contained in Section 3.2 shall not modify, amend or affect such Purchaser’s right to rely on the Company’s representations and warranties contained in this Agreement or any representations and warranties contained in any other Transaction Document or any other document or instrument executed and/or delivered in connection with this Agreement or the consummation of the transaction contemplated hereby.