Common use of Purchase, Sale and Delivery of the Shares Clause in Contracts

Purchase, Sale and Delivery of the Shares. On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Purchaser, and Purchaser agrees to purchase from the Company, 100,000 Shares of Common Stock at $1.50 per Share for a total of $150,000. In connection with the purchase and sale of Shares, for no additional consideration, the Purchaser will receive Warrants to purchase up to an aggregate of 105,000 shares of Common Stock, subject to adjustment as set forth in the Warrants. One or more certificates in definitive form for the Shares that the Purchaser have agreed to purchase, as well as the Warrants, shall be delivered by or on behalf of the Company, against payment by or on behalf of the Purchaser, of the purchase price therefor by wire transfer of immediately available funds to the account of the Company previously designated by it in writing. Such delivery of and payment for the Shares and the Warrants shall be made at the offices of each of the Purchaser, at not later than 12:00 noon (New York time) on December 27, 2004 (the “Closing”), or at such date as the Purchaser and the Company may agree upon, such time and date of delivery against payment being herein referred to as the “Closing Date.”

Purchase, Sale and Delivery of the Shares. On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forthforth and subject to approval of this transaction by the Company’s Board of Directors, the Company agrees to issue and sell to the PurchaserPurchasers, and each Purchaser acting severally and not jointly agrees to purchase from the Company, 100,000 the number of Shares of Common Stock set forth on such Purchaser’s signature page hereto, at $1.50 3.10 per Share for a total of $150,000. In connection with the purchase and sale of Shares, for no additional consideration, the Purchaser will receive Warrants to purchase up to an aggregate of 105,000 shares of Common Stock, subject to adjustment as set forth in the Warrantsshare. One or more certificates in definitive form for the Shares that the Purchaser Purchasers have agreed to purchasepurchase hereunder, and in such denomination or denominations and registered in such name or names as well each Purchaser requests upon notice to the Company at least 48 hours prior to the Closing Date (as the Warrants, defined) shall be delivered by or on behalf of the Company, against payment by or on behalf of the PurchaserPurchasers, of the purchase price therefor by wire transfer of immediately available funds to the account of the Company previously designated by it in writing. Such delivery of and payment for the Shares and the Warrants shall be made at the offices of each of the Purchaser▇▇▇▇▇▇, at not later than 12:00 noon ▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Menlo Park, CA 94025 (New York time) on December 27, 2004 (the “ClosingOrrick”), on March 28, 2002, or at such date as the Purchaser Purchasers and the Company may agree upon, such time and date of delivery against payment being herein referred to as the “Closing Date.”” The Company will make such certificate or certificates for the Shares available for checking and packaging by the Purchasers at the offices of Orrick at least 24 hours prior to the Closing Date.

Purchase, Sale and Delivery of the Shares. On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forthforth and subject to approval of this transaction by the Company’s Board of Directors, the Company agrees to issue and sell to the PurchaserPurchasers, and each Purchaser acting severally and not jointly agrees to purchase from the Company, 100,000 the number of Shares of Common Stock set forth on such Purchaser’s signature page hereto, at $1.50 3.10 per Share for a total of $150,000. In connection with the purchase and sale of Shares, for no additional consideration, the Purchaser will receive Warrants to purchase up to an aggregate of 105,000 shares of Common Stock, subject to adjustment as set forth in the Warrantsshare. One or more certificates in definitive form for the Shares that the Purchaser Purchasers have agreed to purchasepurchase hereunder, and in such denomination or denominations and registered in such name or names as well each Purchaser requests upon notice to the Company at least 48 hours prior to the Closing Date (as the Warrants, defined) shall be delivered by or on behalf of the Company, against payment by or on behalf of the PurchaserPurchasers, of the purchase price therefor by wire transfer of immediately available funds to the account of the Company previously designated by it in writing. Such delivery of and payment for the Shares and the Warrants shall be made at the offices of each of the Purchaser▇▇▇▇▇▇, at not later than 12:00 noon ▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Menlo Park, CA 94025 (New York time) on December 27, 2004 (the “ClosingOrrick”), on April 5, 2002, or at such date as the Purchaser Purchasers and the Company may agree upon, such time and date of delivery against payment being herein referred to as the “Closing Date.”” The Company will make such certificate or certificates for the Shares available for checking and packaging by the Purchasers at the offices of Orrick at least 24 hours prior to the Closing Date.

Purchase, Sale and Delivery of the Shares. On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Purchaser, and Purchaser agrees to purchase from the Company, 100,000 333,333 Shares of Common Stock at $1.50 per Share for a total of $150,000500,000. In connection with the purchase and sale of Shares, for no additional consideration, the Purchaser will receive Warrants to purchase up to an aggregate of 105,000 350,000 shares of Common Stock, subject to adjustment as set forth in the Warrants. One or more certificates in definitive form for the Shares that the Purchaser have agreed to purchase, as well as the Warrants, shall be delivered by or on behalf of the Company, against payment by or on behalf of the Purchaser, of the purchase price therefor by wire transfer of immediately available funds to the account of the Company previously designated by it in writing. Such delivery of and payment for the Shares and the Warrants shall be made at the offices of each of the Purchaser, at not later than 12:00 noon (New York time) on December 27November 9, 2004 (the “Closing”"CLOSING"), or at such date as the Purchaser and the Company may agree upon, such time and date of delivery against payment being herein referred to as the “Closing Date"CLOSING DATE.”"

Purchase, Sale and Delivery of the Shares. On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Purchaser, and Purchaser agrees to purchase from the Company, 100,000 133,333 Shares of Common Stock at $1.50 per Share for a total of $150,000200,000. In connection with the purchase and sale of Shares, for no additional consideration, the Purchaser will receive Warrants to purchase up to an aggregate of 105,000 140,000 shares of Common Stock, subject to adjustment as set forth in the Warrants. One or more certificates in definitive form for the Shares that the Purchaser have agreed to purchase, as well as the Warrants, shall be delivered by or on behalf of the Company, against payment by or on behalf of the Purchaser, of the purchase price therefor by wire transfer of immediately available funds to the account of the Company previously designated by it in writing. Such delivery of and payment for the Shares and the Warrants shall be made at the offices of each of the Purchaser, at not later than 12:00 noon (New York time) on December 27, 2004 (the “Closing”), or at such date as the Purchaser and the Company may agree upon, such time and date of delivery against payment being herein referred to as the “Closing Date.”

Purchase, Sale and Delivery of the Shares. On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Purchaser, and Purchaser agrees to purchase from the Company, 100,000 the 1,100,000 Shares of Common Series C Stock at $1.50 1.00 per Share for a total of $150,000(the “Purchase Price”). In connection with the purchase and sale of SharesShares hereunder, Purchaser will receive, for no additional consideration, the Purchaser will receive Warrants a Warrant to purchase up to an aggregate of 105,000 1,000,000 shares of Common Stock, subject to adjustment as set forth in the WarrantsWarrant. One or more certificates in definitive form for the Shares that the Purchaser have has agreed to purchasepurchase hereunder, as well as the WarrantsWarrant, shall be delivered by or on behalf of the Company, against payment by or on behalf of the Purchaser, of the purchase price therefor by wire transfer of immediately available funds to the account of the Company previously designated by it in writing. Such delivery of and payment for the Shares Series C Stock and the Warrants Warrant shall be made at the offices of each of the PurchaserCompany, at not later than 12:00 noon (New York time) on December 27, 2004 (the “Closing”)date hereof, or at such date as the Purchaser and the Company may agree upon, such time and date of delivery against payment being herein referred to as the “Closing Date.”

Purchase, Sale and Delivery of the Shares. On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Purchaser, and Purchaser agrees to purchase from the Company, 100,000 the 10,000 Shares of Common Series E Stock at $1.50 120.00 per Share for a total of $150,000share. In connection with the purchase and sale of SharesShares hereunder, Purchaser will receive, for no additional consideration, the Purchaser will receive Warrants a Warrant to purchase up to an aggregate of 105,000 250,000 shares of Common Stock, subject to adjustment as set forth in the WarrantsWarrant. One or more certificates in definitive form for the Shares that the Purchaser have has agreed to purchasepurchase hereunder, as well as the WarrantsWarrant registered in the name of Purchaser or its nominee, shall be delivered by or on behalf of the Company, against payment by or on behalf of the Purchaser, of the purchase price therefor by wire transfer of immediately available funds to the account of the Company previously designated by it in writing. Such delivery of and payment for the Shares Series E Stock and the Warrants Warrant shall be made at the offices of each of the Purchaser▇▇▇▇▇▇▇, at not later than 12:00 noon (New York time) ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, on December 2723, 2004 (the “Closing”)2002, or at such date as the Purchaser and the Company may agree upon, such time and date of delivery against payment being herein referred to as the “"Closing Date.”"

Purchase, Sale and Delivery of the Shares. On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the PurchaserPurchasers, and Purchaser agrees Purchasers agree to purchase from the Company, 100,000 the 15,000 Shares of Common Series E Stock at $1.50 100.00 per Share for a total of $150,000Share. In connection with the purchase and sale of SharesShares hereunder, Purchasers will receive, for no additional consideration, the Purchaser will receive Warrants a Warrant to purchase up to an aggregate of 105,000 735,000 shares of Common Stock, subject to adjustment as set forth in the WarrantsWarrant. One or more certificates in definitive form for the Shares that the Purchaser Purchasers have agreed to purchasepurchase hereunder, as well as the WarrantsWarrant, shall be delivered by or on behalf of the Company, against payment by or on behalf of the PurchaserPurchasers, of the purchase price therefor by wire transfer of immediately available funds to the account of the Company previously designated by it in writing. Such delivery of and payment for the Shares Series E Stock and the Warrants Warrant shall be made at the offices of each of the PurchaserSheppard, at not later than 12:00 noon (New York time) Mullin, ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇, LLP, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, on December 27May 12, 2004 (the “Closing”)2003, or at such date as the Purchaser Purchasers and the Company may agree upon, such time and date of delivery against payment being herein referred to as the “"Closing Date.”"