Common use of Other Investors Clause in Contracts

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements.” The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7, 2006. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete a Stock Certificate Questionnaire (in the form attached as Exhibit “A” hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to also enter into Securities a Stock Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to herein as the “Agreements.” ”) The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord Xxxxx, U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it will is no longer accept accepting Agreements for the purchase of Shares in the Offering, but in no event Offering (which shall the Subscription Date not be later than July 7, 2006the Closing Date). Each Investor must execute and deliver a Securities complete the Stock Purchase Agreement and a Registration Rights Agreement and must complete a Agreement, the Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an the Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the this same form as this of Stock Purchase Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to herein as the “Agreements.” ”) The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord Xxxxx, U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it will is no longer accept accepting Agreements for the purchase of Shares in the Offering, but in no event Offering (which shall the Subscription Date not be later than July 7, 2006the Closing Date). Each Investor must execute and deliver a Securities complete the Stock Purchase Agreement and a Registration Rights Agreement and must complete a Agreement, the Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an the Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Stock Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Stock Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements.” The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord Xxxxx, Inc. Xxxxx Xxxxxxx & Co. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7January 30, 20062004. Each Investor must execute and deliver complete a Securities Stock Purchase Agreement and a Registration Rights Agreement and must complete Agreement, a Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares and Warrants to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements.” The Company may accept executed Agreements from Investors for the purchase of Shares Securities commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord Xxxxx, Inc. Xxxxx (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it will no longer accept Agreements for the purchase of Shares Securities in the Offering, but in no event shall the Subscription Date be later than July 7, 2006. Each Investor must execute and deliver complete a Securities Purchase Agreement and Agreement, a Registration Rights Agreement and must complete a Stock Securities Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares Securities in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “"Other Investors”"), and the Company expects to complete sales of Shares Units to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “"Investors,” " and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “"Agreements.” ". The Company may accept executed Agreements from Investors for the purchase of Shares and Warrants commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “"Subscription Date”") on which the Company has notified Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing decides that it will no longer accept Agreements for the purchase of Shares Units in the Offering, but in no event shall the Subscription Date be later than July 7[February ___, 20062008]. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement (in the form attached as Exhibit B hereto), and must complete a Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” C hereto) in order to purchase Shares and Warrants in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Stock Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”"OTHER INVESTORS"), and the Company expects to complete sales of Shares to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors"INVESTORS,” " and this Agreement, the Registration Rights Agreement and the Securities Stock Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements"AGREEMENTS.” " The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”"SUBSCRIPTION DATE") on which the Company has notified Canaccord XxxxxStephens Inc. and Miller Johnson Steichen Kinnard, Inc. (in its capacity as their capxxxxx xx placement agent for the Sharesxxxxxs xxx xxe Xxxxxx, the “Placement Agent”xxx "XXACEMENT AGENTS") in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7March 5, 20062004. Each Investor must execute and deliver complete a Securities Stock Purchase Agreement and a Registration Rights Agreement and must complete Agreement, a Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”"OTHER INVESTORS"), and the Company expects to complete sales of Shares to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors"INVESTORS,” " and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements"AGREEMENTS.” " The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”"SUBSCRIPTION DATE") on which the Company has notified Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”"PLACEMENT AGENT") in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7JUNE 8, 2006. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete a Stock Certificate Questionnaire (in the form attached as Exhibit “"A” " hereto) and an Investor Questionnaire (in the form attached as Exhibit “"B” " hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Stock Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”"OTHER INVESTORS"), and the Company expects to complete sales of Shares to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors"INVESTORS,” " and this Agreement, the Registration Rights Agreement and the Securities Stock Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements"AGREEMENTS.” " The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”"SUBSCRIPTION DATE") on which the Company has notified Canaccord Xxxxx, Xxxxxxxx & Xxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”"PLACEMENT AGENT") in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7Friday, 2006June 25, 2004. Each Investor must execute and deliver complete a Securities Stock Purchase Agreement and a Registration Rights Agreement and must complete Agreement, a Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the this same form as this of Stock Purchase Agreement with certain other investors (the “"Other Investors”"), and the Company expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to herein as the “"Investors,” " and this Agreement, the Registration Rights Agreement and the Securities Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to herein as the “"Agreements.” ") The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “"Subscription Date”") on which the Company has notified Canaccord Xxxxx, U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “"Placement Agent”") in writing that it will is no longer accept accepting Agreements for the purchase of Shares in the Offering, but in no event Offering (which shall the Subscription Date not be later than July 7, 2006the Closing Date). Each Investor must execute and deliver a Securities complete the Stock Purchase Agreement and a Registration Rights Agreement and must complete a Agreement, the Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an the Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares Securities to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements.” The Company may accept executed Agreements from Investors for the purchase of Shares Securities commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord XxxxxAxxxx, Inc. (in its capacity as placement agent for the SharesSecurities, the “Placement Agent”) in writing that it will no longer accept Agreements for the purchase of Shares Securities in the Offering, but in no event shall the Subscription Date be later than July 7February 23, 20062007. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete a Stock Certificate Questionnaire (in the form attached as Exhibit “A” hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” hereto) in order to purchase Shares Securities in the Offering. The Company and the Investor agree and acknowledge that each Investor individually negotiated the terms of the transactions contemplated hereby and are of the view that the Investors are not acting as a “group” for purposes of Section 13(d) under the Securities Exchange Act of 1934 (the “Exchange Act”).

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements.” The Company may accept executed Agreements from Investors for the purchase of Shares and Warrants commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord XxxxxAxxxx or Kxxxxx Capital Markets LLC (each , Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7[___], 20062007. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete a Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” C hereto) in order to purchase Shares and Warrants in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “"Other Investors”"), and the Company expects to complete sales of Shares to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “"Investors,” " and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “"Agreements.” " or the "Transaction Documents". The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “"Subscription Date”") on which the Company has notified Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “"Placement Agent”") in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7October __, 2006. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete a Stock Certificate Questionnaire (in the form attached as Exhibit “"A” " hereto) and an Investor Questionnaire (in the form attached as Exhibit “"B” " hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”"OTHER INVESTORS"), and the Company expects to complete sales of Shares Securities to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors"INVESTORS,” " and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements"AGREEMENTS.” " The Company may accept executed Agreements from Investors for the purchase of Shares Securities commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”"SUBSCRIPTION DATE") on which the Company has notified Canaccord XxxxxMiller Capital Markets, Inc. LLC (in its capacity as lead placement agent for the Sharesfxx xxx offering of Securities, the “Placement Agent”"LEAD PLACEMENT AGENT") in writing that it will no longer accept Agreements for the purchase of Shares Securities in the Offering, but in no event shall the Subscription Date be later than July 7March 31, 2006. Each Investor must execute and deliver complete a Securities Purchase Agreement and a Registration Rights Agreement and must complete Agreement, a Stock and Warrant Certificate Questionnaire (in the form attached as Exhibit “A” B hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” C hereto) in order to purchase Shares Securities in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares and Additional Investment Rights to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements.” The Company may accept executed Agreements from Investors for the purchase of Shares and Additional Investment Rights commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and related Additional Investment Right and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord XxxxxAxxxx Hxxxxxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7February 10, 20062005. Each Investor must execute and deliver complete a Securities Purchase Agreement and a Registration Rights Agreement and must complete Agreement, a Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares and Additional Investment Rights in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements.” or the “Transaction Documents”. The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7October __, 2006. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete a Stock Certificate Questionnaire (in the form attached as Exhibit “A” hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the this same form as this of Stock Purchase Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Securities Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to herein as the “Agreements.” ”) The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord Xxxxx, U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it will is no longer accept accepting Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7June 4, 20062003. Each Investor must execute and deliver a Securities complete the Stock Purchase Agreement and a Registration Rights Agreement and must complete a Agreement, the Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an the Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with certain other investors (the “"Other Investors”"), and the Company expects to complete sales of Shares and Warrants to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “"Investors,” " and this Agreement, the Warrant Agreement, the Registration Rights Agreement and the Securities Purchase Agreements and Warrant Agreements executed by the Other Investors are sometimes collectively referred to herein as the “"Agreements.” " The Company may accept executed Agreements from Investors investors for the purchase of Shares and Warrants commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “"Subscription Date”") on which the Company has notified Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “"Placement Agent”') in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7December 31, 20062007. The parties acknowledge that following the Closing of the Offering, the Company intends to sell up to an additional 8,000,000 shares of its Common Stock (the "Second Offering"). The Second Offering is expected to be consummated prior to June 30, 2008. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete a Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” D hereto) in order to purchase Shares and Warrants in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the same form as this Agreement with with, and to issue Additional Investment Rights to, certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares Units to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors,.” and this Agreement, the Registration Rights This Agreement and the Securities Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements,” and the Additional Investment Right issued pursuant to this Agreement and the Additional Investment Rights issued to the Other Investors are sometimes collectively referred to herein as the “Additional Investment Rights.” The Company may accept executed Agreements from Investors for the purchase of Shares Units commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share Unit and concluding upon the date (the “Subscription Date”) on which the Company has notified Canaccord Xxxxx, Credit Lyonnais Securities (USA) Inc. (in its capacity as placement agent for the SharesUnits, the “Placement Agent”) in writing that it will no longer accept Agreements for the purchase of Shares Units in the Offering, but in no event shall the Subscription Date be later than July 7November 19, 20062003. Each Investor must execute and deliver complete a Securities Purchase Agreement and a Registration Rights Agreement and must complete Agreement, a Stock Certificate Questionnaire (in the form attached as Exhibit “A” B hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” C hereto) in order to purchase Shares Units in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the this same form as this of Stock Purchase Agreement with certain other investors (the “"Other Investors”"), and the Company expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to herein as the “"Investors,” " and this Agreement, the Registration Rights Agreement and the Securities Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to herein as the “"Agreements.” ") The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “"Subscription Date”") on which the Company has notified Canaccord Xxxxx, U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “"Placement Agent”") in writing that it will is no longer accept accepting Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7, 2006. Each Investor must execute and deliver a Securities complete the Stock Purchase Agreement and a Registration Rights Agreement and must complete a Agreement, the Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an the Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Stock Purchase Agreements in the same form as this Agreement with certain other investors (the “Other Investors”"OTHER INVESTORS"), and the Company expects to complete sales of Shares to them. The Investor and the Other Investors are sometimes collectively referred to herein as the “Investors"INVESTORS,” " and this Agreement, the Registration Rights Agreement and the Securities Stock Purchase Agreements executed by the Other Investors are sometimes collectively referred to herein as the “Agreements"AGREEMENTS.” " The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”"SUBSCRIPTION DATE") on which the Company has notified Canaccord Xxxxx, U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”"PLACEMENT AGENT") in writing that it will no longer accept Agreements for the purchase of Shares in the Offering, but in no event shall the Subscription Date be later than July 7August 8, 20062003. Each Investor must execute and deliver complete a Securities Stock Purchase Agreement and a Registration Rights Agreement and must complete Agreement, a Stock Certificate Questionnaire (in the form attached as Exhibit “A” A hereto) and an Investor Questionnaire (in the form attached as Exhibit “B” B hereto) in order to purchase Shares in the Offering.

Other Investors. As part of the Offering, the Company proposes to enter into Securities Purchase Agreements in the this same form as this of Stock Purchase Agreement with certain other investors (the “"Other Investors”"), and the Company expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to herein as the “"Investors,” " and this Agreement, the Registration Rights Agreement and the Securities Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to herein as the “"Agreements.” ") The Company may will accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “"Subscription Date”") on which the Company has notified Canaccord Xxxxx, U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent Placement Agent for the Shares, the “"Placement Agent”") in writing that it will is no longer accept accepting Agreements for the purchase of Shares in the Offering. The purchase price per Share shall be the same for the Investor and all Other Investors. In addition, but the Company shall promptly disclose any side letter or similar agreement or any variation to the form of Stock Purchase Agreement, that the Company has entered into, both as of and after the date hereof, with any Other Investor in no event connection with the offering and sale of Shares, and the Investor shall be entitled to receive the Subscription Date be later than July 7, 2006. Each Investor must execute and deliver a Securities same rights set forth in any such side letter or variation to the form of Stock Purchase Agreement and a Registration Rights Agreement and must complete a Stock Certificate Questionnaire (in contingent upon the form attached as Exhibit “A” heretoInvestor's agreement to be bound by any obligation(s) and an Investor Questionnaire (in such rights are subject to) upon the form attached as Exhibit “B” hereto) in order to purchase Shares in written request of the OfferingInvestor.