how could they do this, you might ask?
EX-10.1 2 v089616_ex10-1.htm
1.4 Future Offerings.
(a) The Company hereby agrees that it will not conduct any equity financing (“Future Offerings”) unless it shall have first delivered to the Purchaser, at least twenty (20) business days prior to the closing of such Future Offering, written notice describing the proposed Future Offering, including the terms and conditions thereof and providing the Purchaser an option during the fifteen (15) day period following delivery of such notice to purchase that number of the securities being offered in the Future Offering that the primary purchaser of such securities has agreed to permit the Purchaser to purchase, on the same terms as contemplated by such Future Offering. In the event the terms and conditions of a proposed Future Offering are amended in any material respect after delivery of the notice to the Purchaser concerning the proposed Future Offering, the Company shall deliver a new notice to the Purchaser describing the amended terms and conditions of the proposed Future Offering and the Purchaser thereafter shall have an option during the fifteen (15) day period following delivery of such new notice to purchase the number of the securities being offered that the primary purchaser of such securities has agreed to permit the Purchaser to purchase, on the same terms as contemplated by such proposed Future Offering, as amended. The foregoing sentence shall apply to successive material amendments to the terms and conditions of any proposed Future Offering.
and so notice was given.
thanks krays and tet,
pal
