Item 1.01 Entry into a Material Definitive Agreement
On August 11, 2009, we amended our amended and restated senior secured note
Highbridge International LLC, to extend the maturity date from January 15, 2010
to July 15, 2010, and terminate Highbridge's redemption rights in the event of a
joint venture transaction. In the amendment we commit to exercising our right to
sell our auction rate securities (ARS) in accordance with the terms of the
rights offering by UBS AG, who sold them to us, and use the proceeds from the
sale to redeem the note. If we borrow or raise capital, we will use all or a
portion of the funds raised to redeem the note at 110%. We also amended
Highbridge's warrants for 1,840,188 shares of our common stock, to change the
exercise price to $0.28 per share, and extend the expiration date to five years
from the amendment date.