Common use of Disclosure of Transaction Clause in Contracts

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “Press Release”) on the day of the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “Form 8-K”) describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement but in no event more than two (2) Trading Days following the date of execution of this Agreement, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "Trading Day" means any day during which the principal exchange on which the Common Stock is traded shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “"Press Release”") on the day of the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “"Form 8-K”") describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement but in no event more than two (2) Trading Days following the date of execution of this Agreement, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "Trading Day" means any day during which the principal exchange on which the Common Stock is traded shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “"Press Release”") on as soon as practicable after the day of Closing but in no event later than twenty-four hours after the Closing; provided, however, that if the Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the ClosingDay, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “"Form 8-K”") describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement Agreement, the Registration Rights Agreement, the Escrow Agreement, and the form of each series of WarrantPress Release) as soon as practicable following the date of execution of this Agreement such Closing Date but in no event more than two (2) Trading Days following the date of execution of this Agreementsuch Closing Date, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "Trading Day" means any day during which the OTC Bulletin Board (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “"Press Release”") on the day of as soon as practicable after the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “"Form 8-K”") describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Certificate of Designation, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement Closing Date but in no event more than two (2) Trading Days following the date of execution of this AgreementClosing Date, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "Trading Day" means any day during which the OTC Bulletin Board (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “Press Release”) on the day of as soon as practicable after the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “Form 8-K”) describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement but in no event more than two (2) Trading Days following the date of execution of this Agreement, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "“Trading Day" ” means any day during which the Nasdaq SmallCap Market (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “"Press Release”") on the day of as soon as practicable after the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “"Form 8-K”") describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement Closing Date but in no event more than two (2) Trading Days following the date of execution of this AgreementClosing Date, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "Trading Day" means any day during which the OTC Bulletin Board (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “Press Release”) on the day of as soon as practicable after the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “Form 8-K”) describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement Closing Date but in no event more than two (2) Trading Days following the date of execution of this AgreementClosing Date, which Press Release and Form 8-K shall be subject to prior review and comment by the PurchasersJenkens & Xxxxxxxxx Xxxxxx Xxxxxx LLP. "Trading Day" means any day during which the OTC Bulletin Board (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “"Press Release”") on the day of as soon as practicable after the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “"Form 8-K”") describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement but in no event more than two (2) Trading Days following the date of execution of this Agreement, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "Trading Day" means any day during which the American Stock Exchange (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “Press Release”) on the day of the Closing (but in no event later than two (2) hours after the Closing); provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the ClosingDay, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “Form 8-K”) describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Note, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement Closing Date but in no event more than two three (23) Trading Days following the date of execution of this AgreementClosing Date, which Press Release and Form 8-K shall be subject to prior review and comment by counsel to the Purchasers. "“Trading Day" ” means any day during which the principal exchange on which the Common Stock is traded shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “Press Release”) on the day earlier of December 31, 2004 or the ClosingSecond Closing Date; provided, however, that if the Second Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the ClosingDay, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Second Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “Form 8-K”) describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Note, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement Second Closing Date but in no event more than two (2) Trading Days following the date of execution of this AgreementSecond Closing Date, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "“Trading Day" ” means any day during which the principal exchange on which the Common Stock is traded shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “"Press Release”") on the day of the each Closing; provided, however, that if such Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the ClosingDay, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the such Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “"Form 8-K”") describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement Agreement, each form of Note, the Registration Rights Agreement, the Security Agreement, each form of Warrant and the form of each series of WarrantPress Release) as soon as practicable following the date of execution of this Agreement each Closing Date but in no event more than two (2) Trading Days following the date of execution of this Agreementeach Closing Date, which Press Release and Form 8-K shall be subject to prior review and reasonable comment by the Purchasers. "Trading Day" means any day during which the principal exchange on which the Common Stock is traded shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “Press Release”) on the day of the Closing but in no event later than one hour after the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the ClosingDay, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “Form 8-K”) describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement and Agreement, the form of each series Note, the Registration Rights Agreement, the form of WarrantWarrant and the Press Release) as soon as practicable following the date of execution of this Agreement Closing Date but in no event more than two (2) Trading Days following the date of execution of this AgreementClosing Date, which Press Release and Form 8-K shall be subject to prior review and comment by one counsel to the Purchasers. "Trading Day" means any day during which the principal exchange on which the Common Stock is traded shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “Press Release”) on the as soon as practicable after each Closing Date but in no event later than one day of the Closingafter such Closing Date; provided, however, that if such Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the ClosingDay, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the such Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “Form 8-K”) describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement and Agreement, the Registration Rights Agreement, the form of each series of WarrantWarrant and the Press Release) as soon as practicable following the date of execution of this Agreement each Closing Date but in no event more than two (2) Trading Days following the date of execution of this Agreementapplicable Closing Date, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "“Trading Day" ” means any day during which the OTC Bulletin Board (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “"Press Release”") on as soon as practicable after the day of the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day Date but in no event later than one hour after the Closing; provided, however, that if the Closing occurs after 4:00 P.M. Eastern Time on any Trading Day, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “"Form 8-K”") describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement and Agreement, the Registration Rights Agreement, the form of each series of WarrantWarrant and the Press Release) as soon as practicable following the date of execution of this Agreement Closing Date but in no event more than two (2) Trading Days following the date of execution of this AgreementClosing Date, which Press Release and Form 8-K shall be subject to prior review and comment by the PurchasersPurchaser. "Trading Day" means any day during which the Nasdaq Capital Market (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “"Press Release”") on the day of as soon as practicable after the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “"Form 8-K”") describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement but in no event more than two (2) Trading Days following the date of execution of this Agreement, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "Trading Day" means any day during which the Nasdaq SmallCap Market (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “Press Release”) on the day of the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing; provided, however, that if the Closing occurs after 4:00 P.M. Eastern Time on any Trading Day, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “Form 8-K”) describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement and Agreement, the form of each series of Series F Warrant, the Waiver, and the Press Release) as soon as practicable following the date of execution of this Agreement Closing Date but in no event more than two (2) Trading Days following the date of execution of this AgreementClosing Date, which Press Release and Form 8-K shall be subject to prior review and reasonable comment by the PurchasersPurchaser. "“Trading Day" ” means any day during which the principal exchange on which the Common Stock is traded shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “"Press Release”") on as soon as practicable after the day of the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day Date but in no event later than one hour after the Closing; provided, however, that if the Closing occurs after 4:00 P.M. Eastern Time on any Trading Day, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “"Form 8-K”") describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement and Agreement, the Registration Rights Agreement, the form of each series of WarrantWarrant and the Press Release) as soon as practicable following the date of execution of this Agreement Closing Date but in no event more than two (2) Trading Days following the date of execution of this AgreementClosing Date, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "Trading Day" means any day during which the Nasdaq Capital Market (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “"Press Release”") on the day of as soon as practicable after the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “"Form 8-K”") describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement but in no event more than two (2) Trading Days following the date of execution of this Agreement, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "Trading Day" means any day during which the Nasdaq National Market (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.

Disclosure of Transaction. The Company shall issue a press release describing the material terms of the transactions contemplated hereby (the “Press Release”) on the day of as soon as practicable after the Closing; provided, however, that if Closing occurs after 4:00 P.M. Eastern Time on any Trading Day but in no event later than one hour after the Closing, the Company shall issue the Press Release no later than 9:00 A.M. Eastern Time on the first Trading Day following the Closing Date. The Company shall also file with the Commission a Current Report on Form 8-K (the “Form 8-K”) describing the material terms of the transactions contemplated hereby (and attaching as exhibits thereto this Agreement, the Registration Rights Agreement and the form of each series of Warrant) as soon as practicable following the date of execution of this Agreement Closing Date but in no event more than two (2) Trading Days following the date of execution of this AgreementClosing Date, which Press Release and Form 8-K shall be subject to prior review and comment by the Purchasers. "“Trading Day" ” means any day during which the OTC Bulletin Board (or other principal exchange on which the Common Stock is traded traded) shall be open for trading.