8-K on financing:
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On April 2, 2001 and April 17, 2001, we issued and sold an aggregate of 1,230,770 shares of our common stock at a purchase price of $6.50 per share to Special Situations Fund III, L.P., Special Situations Cayman Fund, L.P., Special Situations Private Equity Fund, L.P. and Special Situations Technology Fund, L.P. pursuant to a Common Stock Purchase Agreement dated March 30, 2001. A copy of the Common Stock Purchase Agreement is attached as Exhibit 10.40 to this Current Report on Form 8-K.
On April 17, 2001, we issued and sold an aggregate of 307,692 shares of our Common Stock at a purchase price of $6.50 per share to the State of Wisconsin Investment Board pursuant to a Common Stock Purchase Agreement dated April 16, 2001. The Common Stock Purchase Agreement is attached as Exhibit 10.41 to this Current Report on Form 8-K.
The Common Stock Purchase Agreements described above provide, among other matters, that, in the event we sell additional shares of common stock at a price that is less than $6.50 per share (subject to certain exceptions) within ninety (90) days after the sale of the shares of common stock described above, the purchasers will be entitled to receive from us an amount in cash equal to the number of shares of common stock purchased by each purchaser multiplied by the difference between $6.50 and the sale price of the additional shares.
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