Beneficial Ownership Limitation. Notwithstanding anything to the contrary contained in this Agreement, ​ shall not issue or sell, and ​ shall not purchase or acquire, any shares of Common Stock under this Agreement which, when aggregated with all other shares of Common Stock then beneficially owned by ​ and its affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) would result in the beneficial ownership by ​ and its affiliates of more than 9.99% of the then issued and outstanding shares of Common Stock (the “Beneficial Ownership Limitation”). Upon the written or oral request of ​, ​ shall promptly (but not later than one (1) Business Day) confirm orally or in writing to ​ the number of shares of Common Stock then outstanding. ​ and ​ shall each cooperate in good faith in the determinations required hereby and the application hereof. ​’s written certification to ​ of the applicability of the Beneficial Ownership Limitation, and the resulting effect thereof hereunder at any time, shall be conclusive with respect to the applicability thereof and such result absent manifest error.

Beneficial Ownership Limitation. Notwithstanding anything to the contrary contained in this Agreement, ​The Company shall not issue or sell,issue, and ​the Buyer shall not purchase or acquire, any shares of Common Stock under this Agreement which,Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then beneficially owned by ​ and its affiliatesbeneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by ​the Buyer and its affiliates of more than 9.19.99% of the then issued and outstanding shares of Common Stock (the “Beneficial Ownership Limitation”). Upon the written or oral request of ​, ​ shall promptly (but not later than one (1) Business Day) confirm orally or in writing to ​ the number of shares of Common Stock then outstanding. ​ and ​ shall each cooperate in good faith in the determinations required hereby and the application hereof. ​’s written certification to ​ of the applicability of the Beneficial Ownership Limitation, and the resulting effect thereof hereunder at any time, shall be conclusive with respect to the applicability thereof and such result absent manifest error.Company.

Beneficial Ownership Limitation. Notwithstanding anything to the contrary contained in this Agreement, ​The Company shall not issue or sell, and ​the Buyer shall not purchase or acquire, any shares of Common Stock under this Agreement which,if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then beneficially owned by ​ and its affiliatesbeneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by ​the Buyer and its affiliates of more than 9.19.99% of the then issued and outstanding shares of Common Stock (the “Beneficial Ownership Limitation”). Upon the written or oral request of ​, ​ shall promptly (but not later than one (1) Business Day) confirm orally or in writing to ​ the number of shares of Common Stock then outstanding. ​ and ​ shall each cooperate in good faith in the determinations required hereby and the application hereof. ​’s written certification to ​ of the applicability of the Beneficial Ownership Limitation, and the resulting effect thereof hereunder at any time, shall be conclusive with respect to the applicability thereof and such result absent manifest error.Stock.

Ownership Limitation. Notwithstanding anything to the contrary contained in this Agreement, ​ shall not issueAgreement or sell, and ​ shall not purchase or acquire,the other Transaction Documents, if at any time Investor would be issued shares of Common Stock under this Agreement which, when aggregatedany of the Transaction Documents, but such issuance would cause Investor (together with all otherits affiliates) to beneficially own a number of shares exceeding the Maximum Percentage (as defined in the Note), then Company must not issue to Investor the shares that would cause Investor to exceed the Maximum Percentage. The shares of Common Stock then beneficially owned by ​ and its affiliates (as calculated pursuantissuable to Section 13(d)Investor that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. Company shall reserve the Ownership Limitation Shares for the exclusive benefit of Investor. From time to time, Investor may notify Company in writing of the Exchange Act and Rule 13d-3 promulgated thereunder) would resultnumber of the Ownership Limitation Shares that may be issued to Investor without causing Investor to exceed the Maximum Percentage. Upon receipt of such notice, Company shall be unconditionally obligated to immediately issue such designated shares to Investor, with a corresponding reduction in the beneficial ownership by ​ and its affiliates of more than 9.99%number of the then issued and outstanding sharesOwnership Limitation Shares. For purposes of this Section, beneficial ownership of Common Stock (the “Beneficial Ownership Limitation”). Upon the written or oral request of ​, ​ shall promptly (but not later than one (1) Business Day) confirm orally or in writing to ​ the number of shares of Common Stock then outstanding. ​ and ​ shall each cooperate in good faith in the determinations required hereby and the application hereof. ​’s written certification to ​will be determined under [Section 13(d)] of the applicability of the Beneficial Ownership Limitation, and the resulting effect thereof hereunder at any time, shall be conclusive with respect to the applicability thereof and such result absent manifest error.1934 Act.