Common use of LIMITATION ON AMOUNT OF OWNERSHIP Clause in Contracts

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 shares of Common Stock, which when added to the sum of the number of shares of Common Stock beneficially owned (as such term is defined in Section 13(d) and Rule 13d-3 under the Exchange Act) by the Investor, would exceed 4.99% of the number of shares of Common Stock outstanding at the applicable Closing, as determined in accordance with Rule 13d-1(j) under the Exchange Act.

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 shares of Common StockShares, which when added to the sum of the number of shares of Common Stock Shares beneficially owned (as such term is defined in under Section 13(d) and Rule 13d-3 under of the Exchange Act) ), by the Investor, would exceed 4.99% of the number of shares of Common Stock Shares outstanding at on the applicable ClosingClosing Date, as determined in accordance with Rule 13d-1(j) under of the Exchange Act.