Ocata Therapeutics Inc fka OCAT

[rocky301]

Fern Wood,

That applied to the agreement below. All converible notes and exercise of warrants were reduced to .10 during restructuring in 2009. Going forward that meant ACT could not issue shares under .10 without notifying the note holders and warrant holders per contract. ACT did not. The agreement you reference is not being used at all by ACT in their defense of claims..

· The Holders agreed to waive any event of default under the Debentures resulting solely from (i) any adjustment to the conversion price of the Debenture and exercise price of the Warrants that would result from the reduction of the conversion price of certain securities of the Company pursuant to the Stipulation of Settlement, dated March 11, 2009, between the Company and Alpha Capital, and (ii) any failure by the Company to reserve such number of authorized but unissued shares of common stock issuable upon conversion of the Debentures and exercise of the Warrants.
http://www.sec.gov/Archives/edgar/data/1140098/000101376209001837/forms1.htm