LIMITATION ON AMOUNT OF OWNERSHIP. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be entitled to purchase that number of Securities, which when added to the sum of the number of shares of Common Stock beneficially owned (as such term is defined under Section 13(d) and Rule 13d-3 of the 1934 Act), by the Investor, would exceed 4.99% of the number of shares of Common Stock outstanding on the Closing, as determined in accordance with Rule 13d-1(j) of the 1934 Act. SECTION III INVESTOR’S REPRESENTATIONS, WARRANTIES AND COVENANTS NO SHORT SALES. No short sales shall be permitted by the Investor or its affiliates during the Commitment Period.
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Samples: Common Stock Purchase Agreement (Cannapharmarx, Inc.), Common Stock Purchase Agreement (GreenBox POS)
LIMITATION ON AMOUNT OF OWNERSHIP. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be entitled to purchase that number of Securities, which when added to the sum of the number of shares of Common Stock beneficially owned (as such term is defined under Section 13(d) and Rule 13d-3 of the 1934 Act), by the Investor, would exceed 4.999.9% of the number of shares of Common Stock outstanding on the ClosingPurchase Notice Date, as determined in accordance with Rule 13d-1(j) of the 1934 Act. SECTION III INVESTOR’S REPRESENTATIONS, WARRANTIES AND COVENANTS NO SHORT SALES. No short sales shall be permitted by the Investor or its affiliates during the Commitment Period.
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Samples: Common Stock Purchase Agreement (Fomo Corp.), Common Stock Purchase Agreement (Fomo Corp.)
LIMITATION ON AMOUNT OF OWNERSHIP. Notwithstanding anything to the contrary in this Agreement, in no event shall the Investor be entitled to purchase that number of Securities, which when added to the sum of the number of shares of Common Stock beneficially owned (as such term is defined under Section 13(d) and Rule 13d-3 of the 1934 Act), by the Investor, would exceed 4.994.9% of the number of shares of Common Stock outstanding on the ClosingPurchase Notice Date, as determined in accordance with Rule 13d-1(j) of the 1934 Act. SECTION III INVESTOR’S REPRESENTATIONS, WARRANTIES AND COVENANTS NO SHORT SALES. No short sales shall be permitted by the Investor or its affiliates during the Commitment Period.
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