Common use of Phase I Clause in Contracts

Phase I. The Company hereby agrees to issue and sell to the Purchaser, and the Purchaser hereby agrees to purchase from the Company, the following (“Phase I”): On the date of execution of this Agreement, for a purchase price equal to the sum of the purchase prices set forth in the Monthly Purchase Schedule for each calendar month commencing April 2010 through the calendar month in which this Agreement is dated: (a) a number of shares of Common Stock equal to the sum of such monthly purchase amounts divided by US$0.30 and (b) a number of Class F-1 Warrants equal to the number of shares purchased pursuant to subsection (a); and On the first day of each calendar month commencing after the date of this Agreement through March 2011, for a purchase price equal to the monthly purchase amount for each such month on the Monthly Purchase Schedule: (a) a number of shares of Common Stock equal to such monthly purchase amount divided by the then applicable Phase I-A Price (if the purchase is in Phase I-A) or the then applicable Phase I-B Price (if the purchase is in Phase I-B); and (b) a number of Class F-1 Warrants (for issuances in Phase I-A) or Class F-2 Warrants (for issuances in Phase I-B) equal to the number of shares purchased pursuant to subsection (a). Paragraph 5, Definitions, of the Agreement is hereby amended to read as follows:

Phase I. The Company hereby agrees to issue and sell to the Purchaser, and the Purchaser hereby agrees to purchase from the Company, the following (“Phase I”): On the date of execution of this Agreement, for a purchase price equal to the sum of the purchase prices set forth in the Monthly Purchase Schedule for each calendar month commencing April February 2010 through the calendar month in which this Agreement is dated: (a) a number of shares of Common Stock equal to the sum of such monthly purchase amounts divided by US$0.30 and (b) a number of Class F-1 Warrants equal to the number of shares purchased pursuant to subsection (a); and On the first day of each calendar month commencing after the date of this Agreement through March January 2011, for a purchase price equal to the monthly purchase amount for each such month on the Monthly Purchase Schedule: (a) a number of shares of Common Stock equal to such monthly purchase amount divided by the then applicable Phase I-A Price (if the purchase is in Phase I-A) or the then applicable Phase I-B Price (if the purchase is in Phase I-B); and (b) a number of Class F-1 Warrants (for issuances in Phase I-A) or Class F-2 Warrants (for issuances in Phase I-B) equal to the number of shares purchased pursuant to subsection (a). Paragraph 5, Definitions, of the Agreement is hereby amended to read as follows:.