Exhibit 10.40 ASSET PURCHASE OPTION AGREEMENT BY AND BETWEEN PROTEIN POLYMER TECHNOLOGIES, INC.Asset Purchase Option Agreement • April 3rd, 2006 • Protein Polymer Technologies Inc • Services-commercial physical & biological research • California
ASSET PURCHASE OPTION AGREEMENTAsset Purchase Option Agreement • August 13th, 2009 • American Tonerserv Corp. • Services-computer programming, data processing, etc. • Delaware
THIS ASSET PURCHASE OPTION AGREEMENT (the " Agreement "), dated effective as of April 15, 2009, is made by and among ALPHA LASER AND ALPHA IMAGING, LLC, a Delaware limited liability company (" Optionee "), a wholly-owned subsidiary of AMERICAN TONERSERV CORP., a Delaware corporation (" ATS "), MID-AMERICA ENVIRONMENTAL, LLC, an Indiana limited liability company (" MAE "), ALPHA IMAGING SOLUTIONS LLC, an Indiana limited liability company (" AIS " and together with MAE, individually and collectively, " Provider "), SCOTT ALTHAUS, JASON ALTHAUS, and AARON ALTHAUS (individually, " Principal " and collectively, " Principals ").
