Trinity Road Uses in Closing Clause

Closing from Common Stock Purchase Agreement

This Series A-2 Preferred Stock and Common Stock Purchase Agreement (this Agreement) is entered into as of December 19, 2006 by and among Ercole Biotech, Inc., a Delaware corporation (the Ercole), and AVI BioPharma, Inc. (AVI).

Closing. The closing of the sale and issuance of the Ercole Shares to AVI and of the AVI Shares to Ercole (the Closing), shall take place at 10:00 a.m. (ET) on December 22, 2006, or such earlier date as mutually agreed by the parties (the Closing Date), at the offices of Hutchison Law Group PLLC, 5410 Trinity Road, Suite 400, Raleigh, North Carolina 27607 by electronic transmission or hand delivery of documents, or at such other time and place as Ercole and AVI agree.