Common use of Applicability of the Securities Purchase Agreement Clause in Contracts

Applicability of the Securities Purchase Agreement. The terms and conditions of the Securities Purchase Agreement dated September 28, 2006 will remain in force and effect except as they relate to the Preferred Stock, which is to be retired by this Agreement, provided however, that the Common Shares issued pursuant to this Agreement shall not be “Conversion Shares” as that term is defined in the Securities Purchase Agreement.

Applicability of the Securities Purchase Agreement. The terms and conditions of the Securities Purchase Agreement dated September 28, 2006 will remain in force and effect except as they relate and shall apply to the new Revolving Note but shall not apply to the Notes, which are to be retired by this Agreement or to the Preferred Stock, which is are to be retired by this Agreementa contemporaneous Agreement of even date, provided however, that the Common Shares to be issued pursuant to this Agreement shall not be “Conversion Shares” as that term is defined in the Securities Purchase Agreement.

Applicability of the Securities Purchase Agreement. The terms and conditions of the Securities Purchase Agreement dated September 28, 2006 will remain in force and effect except as they relate and shall apply to the Preferred Stocknew Revolving Note but shall not apply to the Notes, which is are to be retired by this AgreementAgreement or to the Series A Convertible Preferred Stock, which are to be retired by a contemporaneous Agreement of even date, provided however, that the Common Shares to be issued pursuant to this Agreement shall not be “Conversion Shares” as that term is defined in the Securities Purchase Agreement.

Applicability of the Securities Purchase Agreement. The terms and conditions of the Securities Purchase Agreement dated September 28, 2006 will remain in force and effect except as they relate but shall not apply to the Preferred Stock, which is are to be retired by this Agreementa contemporaneous Agreement of even date, provided however, that the Common Shares to be issued pursuant to this Agreement shall not be “Conversion Shares” as that term is defined in the Securities Purchase Agreement.