Contract
Exhibit
99.3
Termination
Notice, dated as of April 12, 2007, of the Sales Plan, dated December 15,
2006
(the “Sales Plan”), between Xxxxxx X. Xxxxxxxx (“Seller”) and Xxxxxxx, Xxxxx
& Co. (“Broker”).
WHEREAS,
Seller and Xxxxxx have previously entered into the Sales Plan;
WHEREAS,
Seller desires to terminate the Sales Plan in accordance with the terms thereof
as hereinafter provided; and
WHEREAS,
all capitalized and undefined terms have the meanings assigned to them in
the
Sales Plan;
NOW
THEREFORE, the Seller hereby notifies Xxxxxx as follows:
1.
Any
Sales set forth under Annex A to the Sales Plan that have not been executed
shall be cancelled as promptly as practicable but in no event later than
three
days following the date of delivery of this Termination Notice to Broker
in
accordance with the notice provisions set forth under paragraph 10 of the
Sales
Plan. The last day on which Sales are executed shall be the “Termination
Date”.
2.
Seller
represents and warrants that Seller is not aware of material, nonpublic
information with respect to the Issuer or any securities of the Issuer
(including the Stock) and is providing this Termination Notice in good faith
and
not as part of a plan or scheme to evade the prohibitions of
Rule 10b5-1.
3.
This
Termination shall be governed by and construed in accordance with the laws
of
the State of New York, without reference to its choice of law
doctrine.
IN
WITNESS WHEREOF, the undersigned have signed this Termination Notice as of
the
date first written above.
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_________________________
Xxxxxx
X. Xxxxxxxx
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Xxxxxxx,
Xxxxx & Co.
By:
_________________________
Name:
Xxxx Xxxxxx
Title:
Managing Director
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Acknowledged:
Mobius
Management Systems, Inc.
By:
_________________________
Name:
Title:
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