Common use of Ownership of Company Stock Clause in Contracts

Ownership of Company Stock. The purchase by each Purchaser of the Notes, Note Shares, Warrants and Warrant Shares is issuable to it at the Closing will not result in such Purchaser (individually or together with other Persons with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 9.999% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Ownership of Company Stock. The purchase by each Purchaser of the Notes, Note Shares, Warrants and Warrant Shares is issuable to it at the Closing will not result in such Purchaser (individually or together with other Persons with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 9.999% of the Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Ownership of Company Stock. The purchase purchaser by each Purchaser of the Notes, Note Shares, Warrants and Warrant Shares is issuable issueable to it at the Closing will not result in such Purchaser (individually or together with other Persons with whom such Purchaser has identified, or will have identified, itself as part of a “"group” " in a public filing made with the Commission involving the Company’s 's securities) acquiring, or obtaining the right to acquire, in excess of 9.999% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.