Common use of LIMITATION ON AMOUNT OF OWNERSHIP Clause in Contracts

LIMITATION ON AMOUNT OF OWNERSHIP. Notwithstanding anything to the contrary in this Warrant, in no event shall the Holder be entitled to purchase that number of Shares, 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 Holder, would exceed 4.99% of the number of shares of the Company’s common stock outstanding on the date this Warrant is exercised, as determined in accordance with Rule 13d-1(j) of the 1934 Act.

LIMITATION ON AMOUNT OF OWNERSHIP. Notwithstanding anything to the contrary in this Warrant, in no event shall the Holder be entitled to purchase that number of Sharesshares of Warrant Stock, which when added to the sum of the number of shares of common stock Common Stock beneficially owned (as such term is defined under Section 13(d) and Rule 13d-3 of the 1934 Act), by the Holder, would exceed 4.99% of the number of shares of the Company’s common stock Common Stock outstanding on the date this Warrant is exercised, as determined in accordance with Rule 13d-1(j) of the 1934 Act.