0001213900-11-005861 Sample Contracts

orchid island capital. l.l.C.
Equity Line of Credit and Bridge Loan Term Sheet • November 10th, 2011 • Octus Inc • Blank checks

Commitment Amount: Orchid Island Capital, LLC (the "Purchaser") shall commit to purchase up to five million dollars ($5,000,000) of the Company's common stock (the "Common Stock") from time to time over the course of twenty-four months (24) after an effective registration of the shares (the "Commitment Period"). This commitment is predicated upon the Company filing the requisite SEC Registration Statement, which if the Company does not complete within the Registration Period any commitment from the Purchaser shall be null and void.

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PROPRIETARY AND CONFIDENTIAL
License Agreement • November 10th, 2011 • Octus Inc • Blank checks • California
Orchid Island Capital, L.L.C. Attn: Ronald Davis
Promissory Note • November 10th, 2011 • Octus Inc • Blank checks

This letter is to confirm our understanding that the Term Sheet signed 3/29/11 and Promissory Note signed 3/30/11 between Octus Inc and Orchid Island Capital (the ''Term Sheet Agreement" and "Promissory Note") are hereby modified as follows:

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