Limitations on Right to Convert. The right of the Borrower to convert all or a portion of the Variable Facility Commitment to the Fixed Facility Commitment is subject to the following limitations:
Limitations on Right to Convert. In no event shall the Holder be permitted to convert principal of or Interest on this Note if, upon such conversion, (x) the number of Conversion Shares to be issued pursuant to such Conversion plus (y) the number of shares of Common Stock beneficially owned by the Holder (other than Common Stock which may be deemed beneficially owned except for being subject to a limitation on conversion or exercise analogous to the limitation contained in this Section 4(f)) would exceed 4.99% of the number of shares of Common Stock then issued and outstanding, it being the intent of the Company and the Holder that the Holder not be deemed at any time to have the power to vote or dispose of greater than 4.99% of the number of shares of Common Stock issued and outstanding at any time. Nothing contained herein shall be deemed to restrict the right of the Holder to convert such excess principal amount at such time as such Conversion will not violate the provisions of this Section4(f). As used herein, beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended, and the rules thereunder. To the extent that the limitation contained in this Section4(f) applies (and without limiting any rights the Company may otherwise have), the Company may rely on the Holder’s determination of whether this Note is convertible pursuant to the terms hereof, the Company shall have no obligation whatsoever to verify or confirm the accuracy of such determination, and the submission of a Conversion Notice by the Holder shall be deemed to be the Holder’s representation that this Note is convertible pursuant to the terms hereof. The Company shall have no liability to any person if the Holder’s determination of whether this Note is convertible pursuant to the terms hereof is incorrect.
Limitations on Right to Convert. The right of the Borrower to ------------------------------- convert all or a portion of the Revolving Facility Commitment to the Base Facility Commitment is subject to the following limitations:
Limitations on Right to Convert. Borrower’s right to convert all or any portion of the Variable Loan to a Fixed Loan is subject to the following limitations:
Limitations on Right to Convert. The limitations of Section 2.5 shall apply to any Conversion.
Limitations on Right to Convert. The right of the Borrower to convert all or a portion of the Revolving Facility Credit Commitment to the Base Facility Credit Commitment is subject to the following limitations:
Limitations on Right to Convert. In no event shall the Holder be permitted to convert principal of this Debenture in excess of that amount of principal upon the Conversion of which:
Limitations on Right to Convert. In no event shall a Holder be permitted to convert any Preferred Shares in excess of the number of such shares, upon the Conversion of which:
Limitations on Right to Convert. Section 12 of the Debentures shall hereby be modified to read as follows:
Limitations on Right to Convert. (i) The Holder may not convert any principal of this Note unless a Registration Statement (as defined in the Registration Rights Agreement) is effective and available for the sale of Conversion Shares by the Holder or unless sales of the Conversion Shares may be made to the public pursuant to Rule 144 under the Securities Act.
