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This excerpt taken from the EYE 10-K filed Mar 14, 2006. Recent
Sales of Unregistered Securities. During the quarter ended December 31,
2005, the Company issued an aggregate of 291,760 shares of common stock to a
limited number of holders of the Company’s 3 ½% Convertible Senior
Subordinated Notes due 2023 (the “3 ½% convertible notes”) in
exchange for approximately $5.4 million aggregate principal amount of the 3 ½%
convertible notes in privately negotiated transactions. The issuance of the
shares of common stock was made in reliance on Section 3(a)(9) of the
Securities Act of 1933, as amended.
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