Common use of Sale of the Common Stock Clause in Contracts

Sale of the Common Stock. Concurrently herewith, the Company is issuing to Duke an aggregate of ( ) shares of the Company’s Common Stock, par value $.001 per share (the “Shares”), in consideration for the license to the Company of the Licensed Technology pursuant to the License Agreement and is delivering to each of Duke a stock certificate registered in such name evidencing the number of shares of the Shares being acquired by Duke as more specifically described on the signature page hereto, the receipt of which stock certificates and the execution and delivery by the Company of the License Agreement are hereby acknowledged by each of Duke. Concurrently herewith, Duke has executed and delivered to the Company the License Agreement, receipt of which is hereby acknowledged by the Company.