Common use of Notice Clause in Contracts

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it and listed below in Item 3 (unless otherwise specified under such Item 3) in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderShareholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “"Selling Stockholder”Securityholder") of Registrable Securities hereby elects to include the Registrable Securities owned by it and listed below in Item 3 (unless otherwise specified under such Item 3) in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:: QUESTIONNAIRE

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it and listed below in Item 3 (unless otherwise specified under such Item 3) in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:.

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:: QUESTIONNAIRE

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:.

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:: QUESTIONNAIRE

Notice. The undersigned beneficial owner (the “"Selling Stockholder”") of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “"Selling Stockholder”Securityholder") of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “"Selling Stockholder”Securityholder") of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:: QUESTIONNAIRE

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it the Selling Securityholder in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “"Selling Stockholder”Shareholder") of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurateaccurate as of the date hereof:

Notice. The undersigned beneficial owner (the “Selling StockholderHolder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderHolder”) of Registrable Securities Shares hereby elects to include the Registrable Securities Shares owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderShareholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it and listed below in Item 3 (unless otherwise specified under such Item 3) in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is complete and accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities Shares hereby elects to include the Registrable Securities Shares owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “"Selling Stockholder”") of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:: QUESTIONNAIRE

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. ​ ​ The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it and listed below in Item 3 (unless otherwise specified under such Item 3) in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSecurity Holder”) of Registrable Securities Shares hereby elects to include the Registrable Securities Shares owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company Parent and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner holder (the “Selling StockholderShareholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company Corporation and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:{01557650.DOC.6}

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities Common Shares hereby elects to include the Registrable Securities Common Shares owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. ​ ​ ​ The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “"Selling Stockholder”") of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:.

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. ​ The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSELLING SHAREHOLDER”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company PURCHASER and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include all of the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderShareholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:.

Notice. The If the undersigned beneficial owner holder (the “Selling StockholderShareholder”) of obtains Registrable Securities from Holdings, the Selling Shareholder hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate: The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company Issuer and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. Registration Rights Agreement, Lpath, _______ 2008 The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Registering Stockholder”) of Registrable Securities Shares hereby elects to include the Registrable Securities Shares owned by it and listed below in Item 3 (unless otherwise specified under such Item 3) in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it and listed below in Item 4 (unless otherwise specified under such Item 4) in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. ARCH THERAPEUTICS, INC. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) ), who is a beneficial owner of Registrable Securities Securities, hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants debentures that such information is accurate:

Notice. The undersigned beneficial owner (the “"Selling Stockholder”") of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. <PAGE> The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “"Selling Stockholder”") of Registrable Securities hereby elects to include the Registrable Securities owned by it such Selling Stockholder in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned, by signing and returning this Notice and Questionnaire, understands and agrees that it will be bound by the terms and conditions of this Notice and Questionnaire and the Agreement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurateaccurate and complete:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurateaccurate and complete:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants AIOs that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. 18 The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:;

Notice. The undersigned beneficial owner (the “Selling Stockholder”) Stockholder of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The In connection therewith, the undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:.

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned, by signing and returning this Notice and Questionnaire, understands and agrees that the undersigned will be bound by the terms and conditions of this Notice and Questionnaire and the Registration Rights Agreement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) Stockholder of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The In connection therewith, the undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. 266186520 v4 25 The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the “Selling StockholderSecurityholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:.

Notice. The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The Selling Stockholder, by signing and returning this Notice and Questionnaire, understands and agrees that it will be bound by the terms and conditions of this Notice and Questionnaire and the Registration Rights Agreement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:

Notice. The undersigned beneficial owner (the ““ Selling StockholderSecurityholder ”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate: