Friday, March 16, 2007 9:32:50 PM
The Dutchess Investment agreement expires in May 2007, and we are working with Dutchess on putting another agreement with them in place.
We are in default of each of the Dutchess Notes due to not making the minimum principal payments. Dutchess has the right to charge us liquidated damages of up to 30% of the face amount of these notes. Dutchess has not exercised this right at December 31, 2006 nor at the time this report was issued. At December 31, 2006, we recorded a default penalty accrual in the amount of $2,143,500 for these potential liquidated damages. This is an estimate based upon the maximum amount that Dutchess could charge us and this estimate may change with time.
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