Common use of Compliance with the Securities Act of 1933 Clause in Contracts

Compliance with the Securities Act of 1933. Except as provided in the Securities Purchase Agreement among the Company and the initial holders of the Company Warrants (as defined in Section 20 below) (the “Securities Purchase Agreement”), the Company may cause the legend set forth on the first page of this Warrant to be set forth on each Warrant or similar legend on any security issued or issuable upon exercise of this Warrant, unless counsel for the Company is of the opinion as to any such security that such legend is unnecessary.

Compliance with the Securities Act of 1933. Except as provided in the Securities Purchase Agreement Agreement, dated March ___, 2005 (the “Purchase Agreement”), among the Company and the initial holders of the Company Warrants (as defined in Section 20 below) (the “Securities Purchase Agreement”)Investors named therein, the Company may cause the legend set forth on the first page of this Warrant to be set forth on each Warrant or similar legend on any security issued or issuable upon exercise of this Warrant, unless counsel for the Company is of the opinion as to any such security that such legend is unnecessary.

Compliance with the Securities Act of 1933. Except as provided in the Securities Purchase Agreement among the Company and the initial holders of the Company Warrants (as defined in Section 20 below) (the “Securities Purchase Agreement”), the Company may cause the Securities Act legend set forth on the first page of this Warrant to be set forth on each Warrant or Warrant, and a similar legend on any security issued or issuable upon exercise of this Warrant, unless counsel for the Company is of the opinion as to any such security that such legend is unnecessary.