Common use of Other Investors Clause in Contracts

Other Investors. As part of the Offering, the Company proposes to also enter into a 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 as the “Investors,” and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it is no longer accepting Agreements for the purchase of Shares in the Offering (which shall not be later than the Closing Date). Each Investor must complete the Stock Purchase Agreement, the Stock Certificate Questionnaire (attached as Exhibit A hereto) and the Investor Questionnaire (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 a Stock 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 hereinafter sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Stock Securities 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 U.S. Bancorp Xxxxx Xxxxxxx Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)July 7, 2006. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete the Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A “A” hereto) and the 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 also enter into a 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 hereinafter sometimes collectively referred to herein as the “Investors"INVESTORS,” " and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”"PLACEMENT AGENT") in writing that it is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)August 8, 2003. Each Investor must complete the a Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A hereto) and the 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 a this same form 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 as the “"Investors,” " and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “"Placement Agent”") in writing that it is no longer accepting Agreements for the purchase of Shares in the Offering (which shall not be later than the Closing Date). Each Investor must complete the Stock Purchase Agreement, the Stock Certificate Questionnaire (attached as Exhibit A hereto) and the Investor Questionnaire (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 a Stock 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 hereinafter sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Stock Securities 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 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 U.S. Bancorp Xxxxx Xxxxxxx Canaccord Axxxx, Inc. (in its capacity as placement agent for the SharesSecurities, the “Placement Agent”) in writing that it is will no longer accepting accept Agreements for the purchase of Shares Securities in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)February 23, 2007. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete the Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A “A” hereto) and the an Investor Questionnaire (in the form attached as Exhibit B “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 also enter into a Stock 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 hereinafter sometimes collectively referred to herein as the “Investors,.” and this This Agreement and the Stock Securities Purchase Agreements executed by the Other Investors are hereinafter 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 U.S. Bancorp Xxxxx Xxxxxxx Credit Lyonnais Securities (USA) Inc. (in its capacity as placement agent for the SharesUnits, the “Placement Agent”) in writing that it is will no longer accepting accept Agreements for the purchase of Shares Units in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)November 19, 2003. Each Investor must complete the Stock a Securities Purchase Agreement, the a Stock Certificate Questionnaire (attached as Exhibit A hereto) and in the Investor Questionnaire (form attached as Exhibit B hereto) and an Investor Questionnaire (in the form attached as Exhibit C hereto) in order to purchase Shares Units in the Offering.

Other Investors. As part of the Offering, the Company proposes to also enter into a Stock 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 hereinafter sometimes collectively referred to herein as the “Investors"INVESTORS,” " and this Agreement and the Stock Securities Purchase Agreements executed by the Other Investors are hereinafter 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. Miller Capital Markets, 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 is will no longer accepting accept Agreements for the purchase of Shares Securities in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)March 31, 2006. Each Investor must complete the Stock a Securities Purchase Agreement, the a Stock and Warrant Certificate Questionnaire (attached as Exhibit A hereto) and in the Investor Questionnaire (form attached as Exhibit B hereto) and an Investor Questionnaire (in the form attached as Exhibit C hereto) in order to purchase Shares Securities in the Offering.

Other Investors. As part of the Offering, the Company proposes to also enter into a Stock 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 hereinafter sometimes collectively referred to herein as the “"Investors,” " and this Agreement, the Registration Rights Agreement and the Stock Securities Purchase Agreements executed by the Other Investors are hereinafter 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 U.S. Bancorp Xxxxx Xxxxxxx Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “"Placement Agent”") in writing that it is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)October __, 2006. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete the Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A "A" hereto) and the 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 also enter into a Stock 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 hereinafter sometimes collectively referred to herein as the “Investors"INVESTORS,” " and this Agreement, the Registration Rights Agreement and the Stock Securities Purchase Agreements executed by the Other Investors are hereinafter 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 U.S. Bancorp Xxxxx Xxxxxxx Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”"PLACEMENT AGENT") in writing that it is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)JUNE 8, 2006. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete the Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A "A" hereto) and the 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 also enter into a Stock 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 hereinafter sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Stock Securities 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 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. Canaccord Axxxx or Kxxxxx Capital Markets LLC (each , in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)July [___], 2007. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete the Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A hereto) and the 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 also enter into a Stock 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 hereinafter sometimes collectively referred to herein as the “Investors,” and this Agreement, the Registration Rights Agreement and the Stock Securities Purchase Agreements executed by the Other Investors are hereinafter 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 U.S. Bancorp Xxxxx Xxxxxxx Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)October __, 2006. Each Investor must execute and deliver a Securities Purchase Agreement and a Registration Rights Agreement and must complete the Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A “A” hereto) and the 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 also enter into a 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 hereinafter sometimes collectively referred to herein as the “Investors"INVESTORS,” " and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter 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 U.S. Bancorp Xxxxx Xxxxxxx Stephens 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 is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)March 5, 2004. Each Investor must complete the a Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A hereto) and the 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 a Stock 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 hereinafter sometimes collectively referred to herein as the “"Investors,” " and this Agreement, the Registration Rights Agreement and the Stock Securities 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 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing decides that it is will no longer accepting accept Agreements for the purchase of Shares Units in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)[February ___, 2008]. 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 the Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A hereto) and the 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 also enter into a this same form 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 as the “"Investors,” " and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “"Placement Agent”") in writing that it is no longer accepting Agreements for the purchase of Shares in the Offering (which shall not be later than the Closing Date)Offering. Each Investor must complete the Stock Purchase Agreement, the Stock Certificate Questionnaire (attached as Exhibit A hereto) and the Investor Questionnaire (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 a Stock 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 hereinafter sometimes collectively referred to herein as the “"Investors,” " and this Agreement, the Warrant Agreement, the Registration Rights Agreement and the Stock Securities Purchase Agreements and Warrant Agreements executed by the Other Investors are hereinafter 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 U.S. Bancorp Xxxxx Xxxxxxx Canaccord Xxxxx, Inc. (in its capacity as placement agent for the Shares, the “"Placement Agent”') in writing that it is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than December 31, 2007. The parties acknowledge that following the Closing Dateof 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 the Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A hereto) and the 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 also enter into a 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 hereinafter sometimes collectively referred to herein as the “Investors"INVESTORS,” " and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter 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 U.S. Bancorp Xxxxx Xxxxxxx Xxxxx, Xxxxxxxx & Xxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”"PLACEMENT AGENT") in writing that it is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)Friday, June 25, 2004. Each Investor must complete the a Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A hereto) and the 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 a this same form 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 as the “"Investors,” " and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent Placement Agent for the Shares, the “"Placement Agent”") in writing that it is no longer accepting Agreements for the purchase of Shares in the Offering (which Offering. The purchase price per Share shall not be later than the Closing Date)same for the Investor and all Other Investors. Each Investor must complete In addition, the Company shall promptly disclose any side letter or similar agreement or any variation to the form of Stock Purchase Agreement, that the Stock Certificate Questionnaire (attached Company has entered into, both as Exhibit A hereto) of and after the date hereof, with any Other Investor in connection with the offering and sale of Shares, and the Investor Questionnaire shall be entitled to receive the same rights set forth in any such side letter or variation to the form of Stock Purchase Agreement (attached as Exhibit B heretocontingent upon the Investor's agreement to be bound by any obligation(s) in order to purchase Shares in such rights are subject to) upon the Offeringwritten request of the Investor.

Other Investors. As part of the Offering, the Company proposes to also enter into a this same form 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 as the “Investors,” and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it is no longer accepting Agreements for the purchase of Shares in the Offering (which shall not be later than the Closing Date). Each Investor must complete the Stock Purchase Agreement, the Stock Certificate Questionnaire (attached as Exhibit A hereto) and the Investor Questionnaire (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 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 and the 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. & Co. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)January 30, 2004. Each Investor must complete the a Stock Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A hereto) and the 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 a Stock 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 hereinafter sometimes collectively referred to herein as the “Investors,” and this Agreement and the Stock Securities 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 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 U.S. Bancorp Xxxxx Xxxxxxx Axxxx Hxxxxxxx, Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it is will no longer accepting accept Agreements for the purchase of Shares in the Offering (which Offering, but in no event shall not the Subscription Date be later than the Closing Date)February 10, 2005. Each Investor must complete the Stock a Securities Purchase Agreement, the a Stock Certificate Questionnaire (in the form attached as Exhibit A hereto) and the an Investor Questionnaire (in the form attached as Exhibit 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 also enter into a Stock 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 hereinafter sometimes collectively referred to herein as the “Investors,” and this Agreement and the Stock Securities 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 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 U.S. Bancorp Canaccord Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it is will no longer accepting accept Agreements for the purchase of Shares Securities in the Offering (which shall not be later than the Closing Date)Offering. Each Investor must complete the Stock a Securities Purchase Agreement, the Stock a Securities Certificate Questionnaire (in the form attached as Exhibit A hereto) and the an Investor Questionnaire (in the form attached as Exhibit B hereto) in order to purchase Shares Securities in the Offering.

Other Investors. As part of the Offering, the Company proposes to also enter into a this same form 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 as the “Investors,” and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to 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 U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it is no longer accepting Agreements for the purchase of Shares in the Offering (which shall not be Offering, but in no event later than the Closing Date)June 4, 2003. Each Investor must complete the Stock Purchase Agreement, the Stock Certificate Questionnaire (attached as Exhibit A hereto) and the Investor Questionnaire (attached as Exhibit B hereto) in order to purchase Shares in the Offering.