Common use of Reporting Company; Form S-3 Clause in Contracts

Reporting Company; Form S-3. The Company is subject to the reporting requirements of the Exchange Act and has filed all reports required thereby since December 14, 2006. The Company satisfies the registrant requirements for the use of a registration statement on Form S-3 to register the Shares for resale by each Purchaser under the Securities Act as provided in Section 7. To the Company’s knowledge, there exist no facts or circumstances (including without limitation any required approvals or waivers or any circumstances that may delay or prevent the obtaining of accountant’s consents) that reasonably could be expected to prohibit or delay the preparation and filing of the registration statement on Form S-3 for the resale of the Shares by each Purchaser contemplated by Section 7 of this Agreement.

Reporting Company; Form S-3. The Company is subject to the reporting requirements of the Exchange Act Act, has a class of securities registered under Section 12 of the Exchange Act, and has filed all reports required thereby since December 14, 2006thereby. The Company satisfies is eligible to register the registrant requirements Shares and the Warrant Shares for resale by the use of Purchasers on a registration statement on Form S-3 to register the Shares for resale by each Purchaser under the Securities Act as provided in Section 7Act. To the Company’s knowledge, there There exist no facts or circumstances (including without limitation any required approvals or waivers or any circumstances that may delay or prevent the obtaining of accountant’s accountants’ consents) that reasonably could be expected to prohibit or delay the preparation and filing of the a registration statement on Form S-3 that will be available for the resale of the Shares or the Warrant Shares by each Purchaser contemplated by Section 7 of this Agreementthe Purchasers.

Reporting Company; Form S-3. The Company is subject to the reporting requirements of the Exchange Act and has filed all reports required thereby since December 14June 30, 20062002. The Company satisfies is eligible to register the registrant requirements Registrable Shares (as defined below) for resale by the use of Purchaser on a registration statement on Form S-3 to register the Shares for resale by each Purchaser under the Securities Act as provided in Section 7Act. To the Knowledge of the Company’s knowledge, there exist no facts or circumstances (including without limitation any required approvals or waivers or any circumstances that may delay or prevent the obtaining of accountant’s 's consents) that reasonably could be expected to prohibit or delay the preparation and filing of the a registration statement on Form S-3 that will be available for the resale of the Registrable Shares by each Purchaser contemplated by Section 7 of this Agreementthe Purchaser.

Reporting Company; Form S-3. The Company is subject to the --------------------------- reporting requirements of the Exchange Act Act, has two classes of securities registered under Section 12 of the Exchange Act, and has filed all reports required thereby since December 14, 2006thereby. The Company satisfies the registrant requirements for the use of a registration statement on Form S-3 is eligible to register the Shares for resale by each the Purchaser on a registration statement on Form S-3 under the Securities Act as provided in Section 7Act. To the Company’s 's knowledge, there exist no facts or circumstances (including without limitation any required approvals or waivers or any circumstances that may delay or prevent the obtaining of accountant’s 's consents) that reasonably could be expected to prohibit or delay the preparation and filing of the a registration statement on Form S-3 that will be available for the resale of the Shares by each Purchaser contemplated by Section 7 of this Agreementthe Purchaser.

Reporting Company; Form S-3. The Company is subject to the reporting requirements of the Exchange Act and has filed all reports required thereby since December 14September 30, 20062004. The Company satisfies the registrant requirements for the use of a registration statement on Form S-3 to register the Shares for resale by each the Purchaser under the Securities Act as provided in Section 7Act. To the Company’s knowledge, there exist no facts or circumstances (including without limitation any required approvals or waivers or any circumstances that may delay or prevent the obtaining of accountant’s consents) that reasonably could be expected to prohibit or delay the preparation and filing of the registration statement on Form S-3 for the resale of the Shares by each the Purchaser contemplated by Section 7 of this Agreement.

Reporting Company; Form S-3. The Company is subject to the reporting requirements of the Exchange Act and has filed all reports required thereby since December 1431, 20062003. The Company satisfies the registrant requirements for the use of a registration statement on Form S-3 to register the Shares for resale by each the Purchaser under the Securities Act as provided in Section 7Act. To the Company’s knowledge, there exist no facts or circumstances (including without limitation any required approvals or waivers or any circumstances that may delay or prevent the obtaining of accountant’s consents) that reasonably could be expected to prohibit or delay the preparation and filing of the registration statement on Form S-3 for the resale of the Shares by each the Purchaser contemplated by Section 7 of this Agreement.

Reporting Company; Form S-3. The Company is subject to the reporting requirements of the Exchange Act and has filed all reports required thereby since December 14June 30, 20062003. The Company satisfies the registrant requirements for the use of a registration statement on Form S-3 to register the Shares for resale by each the Purchaser under the Securities Act as provided in Section 7Act. To the Company’s knowledge, there exist no facts or circumstances (including without limitation any required approvals or waivers or any circumstances that may delay or prevent the obtaining of accountant’s consents) that reasonably could be expected to prohibit or delay the preparation and filing of the registration statement on Form S-3 for the resale of the Shares by each the Purchaser contemplated by Section 7 of this Agreement.

Reporting Company; Form S-3. The Company is subject to the --------------------------- reporting requirements of the Securities Exchange Act of 1934, as amended (the "Exchange Act") and has filed all reports required thereby since December 14, 2006thereby. The Company satisfies the registrant requirements for the use of a registration statement on Form S-3 is eligible to register the Shares for resale by each the Purchaser on a registration statement on Form S-3 under the Securities Act as provided in Section 7Act. To the Company’s knowledge, there There exist no facts or circumstances (including without limitation any required approvals or waivers or any circumstances that may delay or prevent the obtaining of accountant’s 's consents) that reasonably could be expected to prohibit or delay the preparation and filing of the a registration statement on Form S-3 that will be available for the resale of the Shares by each Purchaser contemplated by Section 7 of this Agreementthe Purchaser.