Pricing Period Uses in FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE Clause

FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE from Investment Agreement

FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE. The obligation of the Investor hereunder to purchase Shares is subject to the satisfaction, on or before each Closing Date, of each of the following conditions set forth below.

FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE from Investment Agreement

THIS INVESTMENT AGREEMENT (hereinafter referred to as the "Agreement"), dated as of November 26, 2010 ("Execution Date") by and between

FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE. The obligation of the Investor hereunder to purchase Shares is subject to the satisfaction, on or before each Closing Date, of each of the following conditions set forth below.

FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE from Investment Agreement

The Company has furnished to the Investor, or the Investor has had access through EDGAR to, true and correct copies of the Company's Amended and Restated Certificate of Incorporation, as in effect on the date hereof (the "Certificate of Incorporation"), and the Company's By-laws, as in effect on the date hereof (the "By-laws"), and the terms of all securities convertible into or exercisable for Common Stock and the material rights of the holders thereof in respect thereto.

FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE. The obligation of the Investor hereunder to purchase Shares is subject to the satisfaction, on or before each Closing Date, of each of the following conditions set forth below.

FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE from Investment Agreement

WHEREAS, the parties desire that, upon the terms and subject to the conditions contained herein, the Investor shall invest up to fifteen million dollars ($15,000,000) to purchase the Company's Common Stock, at no par value per share (the "Common Stock"); and

FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE. The obligation of the Investor hereunder to purchase Shares is subject to the satisfaction, on or before each Closing Date, of each of the following conditions set forth below.