Item 1.02 Termination of a Material Definitive Agreement.

Effective on November 13, 2008, the registrant's board of directors decided to terminate certain contractual transfer restrictions on an aggregate of 375,949 shares of its common stock and 2,394,585 shares exercisable at a price of $5. The restrictions were contained in subscription agreements dated May 2007 (the "Agreement") between the registrant and certain purchasers of its common stock and warrants, which was filed as Exhibit 10.3 to the registrant's Current Report on Form 8-K dated May 24, 2007.

The restrictions that are being terminated had provided that the purchasers could not sell or transfer shares or warrants purchased by them pursuant to the Agreement (collectively, "Restricted Shares") until May 2007, the first anniversary of the closing date of the Agreement, and that during the forty-eight month period immediately following the closing date of the Agreement, the purchasers were prohibited from transferring such number of Restricted Shares in the first, second and third twelve month period in excess of the number which could result in gross proceeds to each purchaser in excess of 125%, 150% and 200%, respectively, of the amount of the purchase price paid by each such purchaser for such Restricted Shares.

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