Common use of Maximum Exercise of Rights Clause in Contracts

Maximum Exercise of Rights. In the event the exercise of the rights ----------------------------- described in this Section 14.4 would result in the issuance to the Purchaser of an amount of common stock of the Company that would cause the Purchaser's beneficially ownership in the Company to exceed 4.99% after giving effect to such issuance, the issuance of such additional shares of common stock of the Company to such Purchaser shall be, at each such Purchaser's discretion, deferred in whole or in part until such time as such Purchaser is able to beneficially own such shares of common stock without exceeding 4.99% of the then issued and outstanding common stock of the Company from the initially set $4.00 per share.

Maximum Exercise of Rights. In the event the exercise of the rights ----------------------------- described in this Section 14.4 would result in the issuance to the Purchaser of an amount of common stock of the Company that would cause the Purchaser's ’s beneficially ownership in the Company to exceed 4.99% after giving effect to such issuance, the issuance of such additional shares of common stock of the Company to such Purchaser shall be, at each such Purchaser's ’s discretion, deferred in whole or in part until such time as such Purchaser is able to beneficially own such shares of common stock without exceeding 4.99% of the then issued and outstanding common stock of the Company from the initially set $4.00 per share.