Common use of Cap Amount Clause in Contracts

Cap Amount. If the Corporation is prohibited by Rule 4460(i) of the National Association of Securities Dealers, Inc. ("NASD"), or any successor or similar rule, or the rules or regulations of any other securities exchange on which the Common Stock is then listed or traded, from issuing a number of shares of Common Stock upon conversion of this Note and exercise of the Warrants in excess of a prescribed amount (the "Cap Amount"), then the Corporation shall not issue shares upon conversion of this Note or exercise of the Warrants in excess of the Cap Amount; provided, however, that this limitation in this Article III.D (i) shall not apply and shall be of no further force and effect after the date of the effectiveness of the shareholder approval (the "Shareholder Approval Date") referred to in Section 4(q) of the Securities Purchase Agreement. In the event the Corporation is prohibited from issuing shares of Common Stock as a result of the operation of this subparagraph (i), the Corporation shall comply with Article V.

Cap Amount. If the Corporation is prohibited by Rule 4460(i) of the National Association of Securities Dealers, Inc. ("NASD"), or any successor or similar rule, or the rules or regulations of any other securities exchange on which the Common Stock is then listed or traded, from issuing a number of shares of Common Stock upon conversion of this Note and exercise of the Warrants in excess of a prescribed amount (the "Cap AmountCAP AMOUNT"), then the Corporation shall not issue shares upon conversion of this Note or exercise of the Warrants in excess of the Cap Amount; providedPROVIDED, howeverHOWEVER, that this limitation in this Article III.D (i) shall not apply and shall be of no further force and effect after the date of the effectiveness of the shareholder approval (the "Shareholder Approval DateSHAREHOLDER APPROVAL DATE") referred to in Section 4(q) of the Securities Purchase Agreement. In the event the Corporation is prohibited from issuing shares of Common Stock as a result of the operation of this subparagraph (i), the Corporation shall comply with Article V.

Cap Amount. If the Corporation is prohibited by Rule 4460(i) of the National Association of Securities Dealers, Inc. ("NASD"), or any successor or similar rule, or the rules or regulations of any other securities exchange on which the Common Stock is then listed or traded, from issuing a number of shares of Common Stock upon conversion of this Note and exercise of the Warrants in excess of a prescribed amount (the "Cap Amount"), then the Corporation shall not issue shares upon conversion of this Note or exercise of the Warrants in excess of the Cap Amount; provided, however, that this the limitation in this Article III.D (i) shall not apply and shall be of no further force and effect after the date of the effectiveness of the shareholder approval (the "Shareholder Approval Date") referred to in Section 4(q) of the Securities Purchase Agreement. In the event the Corporation is prohibited from issuing shares of Common Stock as a result of the operation of this subparagraph (i), the Corporation shall comply with Article V.