| * |
If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
| ** |
Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
| (1) |
This line originally reported that Mr. Broady held 693,763 shares of Common Stock, but erroneously included 61,693 shares of Common Stock issuable upon conversion of 61,693 shares of Series A Convertible Preferred Stock owned by Mr. Broady. As a result, the amount of Common Stock beneficially owned following each transaction reported in Table I of each Form 4 filed by Mr. Broady after October 27, 2008 through and including the Form 4 filed by Mr. Broady on March 19, 2010, was overstated by 61,693 shares. |
| (2) |
The Series A Convertible Preferred Stock became convertible into Common Stock immediately upon issuance. |
| (3) |
The Series A Convertible Preferred Stock has no expiration date. |
| (4) |
Each share of Series A Convertible Preferred Stock is convertible into such number of shares of Common Stock as is determined by dividing the Series A Original Issue Price of $1.70 (subject to adjustment) by the Series A Conversion Price of $1.70 (subject to adjustment), so that each share of Series A Convertible Preferred Stock is convertible into one share of Common Stock (subject to adjustment). |