This excerpt taken from the BMS 8-K filed Jul 31, 2009.
Item 1.02 Termination of a Material Definitive Agreement
Termination of Equity Commitment Agreement
As noted in Item 1.01, the Equity Commitment Agreement was terminated on July 29, 2009 pursuant to the Amendment. The description of the Equity Commitment Agreement under Item 1.01 of the Companys Current Report on Form 8-K as filed with the Securities and Exchange Commission (SEC) on July 9, 2009 is incorporated herein by reference.
With the exception of the transactions described herein or in Item 1.01 of the Companys Current Report on Form 8-K filed with the SEC on July 9, 2009, the Company is not aware of any other material relationship between it and the Sellers, PPPI or their affiliates.
Termination of Commitment Letter for Bridge Financing
As permitted by the Amendment, as noted in Item 1.01, on July 29, 2009, the Company terminated the previously reported Commitment Letter. The description of the Commitment Letter under Item 1.01 of the Companys Current Report on Form 8-K as filed with the SEC on July 9, 2009 is incorporated herein by reference.
The Company engaged broker-dealer affiliates of the Commitment Parties as underwriters of the Equity Offering and the Debt Offering on customary terms of compensation for such services.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.