Common use of Canadian Legend Clause in Contracts

Canadian Legend. If the Warrants are exercised prior to February 27, 2006, the certificates representing the Common Shares will bear the following Canadian legends: “UNLESS PERMITTED UNDER SECURITIES LEGISLATION, THE HOLDER OF THIS SECURITY SHALL NOT TRADE THE SECURITY BEFORE FEBRUARY 27, 2006.” “THE COMMON SHARES REPRESENTED BY THIS CERTIFICATE ARE LISTED ON THE TORONTO STOCK EXCHANGE; HOWEVER, THE SAID SECURITIES CANNOT BE TRADED THROUGH THE FACILITIES OF SUCH EXCHANGE SINCE THEY ARE NOT FREELY TRANSFERABLE, AND CONSEQUENTLY ANY CERTIFICATE REPRESENTING SUCH SECURITIES IS NOT ‘GOOD DELIVERY’ IN SETTLEMENT OF TRANSACTIONS ON THE TORONTO STOCK EXCHANGE.” However, (i) in the event a Registration Statement covering the Warrant Shares is effective and the holder has (whether in the Exercise Notice or otherwise) confirmed to the Company that it has sold, or undertaken to the Company that within the next 20 Business Days it will sell, such Warrant Shares, as applicable, on the NASDAQ National Market in an open market transaction, not to a previously arranged buyer, and in compliance with the Registration Statement, the Company shall remove the legend contained in section 14 above and the first legend contained in this section 15 above from any such Common Shares so sold or being sold and (ii) the legend set forth immediately above will be removed from the face of the certificate when all other notations to the effect that the Securities are not freely transferable can be legally removed from the certificate.

Canadian Legend. If the Warrants are exercised prior to February 27, 2006, the certificates representing the Common Shares will bear the following Canadian legends: “UNLESS PERMITTED UNDER SECURITIES LEGISLATION, THE HOLDER OF THIS SECURITY SHALL NOT TRADE THE SECURITY BEFORE FEBRUARY 27, 2006.” “THE COMMON SHARES REPRESENTED BY THIS CERTIFICATE ARE LISTED ON THE TORONTO STOCK EXCHANGE; HOWEVER, THE SAID SECURITIES CANNOT BE TRADED THROUGH THE FACILITIES OF SUCH EXCHANGE SINCE THEY ARE NOT FREELY TRANSFERABLE, AND CONSEQUENTLY ANY CERTIFICATE REPRESENTING SUCH SECURITIES IS NOT ‘GOOD DELIVERY’ IN SETTLEMENT OF TRANSACTIONS ON THE TORONTO STOCK EXCHANGE.” However, (i) in the event a Registration Statement covering the Warrant Shares is effective and the holder has (whether a Purchaser undertakes in the Exercise Notice or otherwise) confirmed writing to the Company that it has sold, or undertaken to the Company that within the next 20 Business Days it will sell, sell such Warrant Shares, as applicable, Shares on the NASDAQ National Market in an open market transaction, not to a previously arranged buyer, and in compliance with the Registration Statement, the Company shall remove the legend contained in section 14 above and the first legend contained in this section 15 above from any such Common Shares so sold or being sold and (ii) the first legend set forth immediately above in this Section 15 will not appear on certificates issued in respect of Warrant Shares issued after four months and a day from the date of initial issuance of the Warrant. The second legend set forth above in this Section 15 will appear on certificates representing the Warrant Shares issued after February 27, 2006 but will be removed from the face of the certificate when all other notations to the effect that the Securities securities are not freely transferable can be legally removed from the certificate.