0001021408-01-501023 Sample Contracts

RECITALS
Exchange Agreement • May 15th, 2001 • Optika Inc • Services-prepackaged software • New York
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Optika Inc. 7450 Campus Drive, 2nd Floor Colorado Springs, Colorado 80920 May 7, 2001
Optika Inc • May 15th, 2001 • Services-prepackaged software

This letter will confirm our mutual agreement and understanding that if, subsequent to the date hereof, the Securities Exchange Commission issues a written clarification or modification of its current position regarding the accounting treatment of redeemable preferred stock and such interpretation would enable the terms of the Series A-1 Preferred Stock to be modified to provide the holders thereof with the right to receive the Liquidation Preference (as defined therein) in cash upon a Change of Control of the Company the "Cash Liquidation Right" without causing a change in the then current accounting treatment or classification of the Series A-1 Preferred Stock as "permanent equity" on the financial statements of the Company, as determined by the Company's independent certified public accountants in their reasonable discretion (as determined by a majority of the "Big 5" accounting firms), then the Company shall, as promptly as practicable upon its becoming aware of such interpretation

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