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NDAQ » Topics » SALE OF PREFERRED SHARES

This excerpt taken from the NDAQ 8-K filed Nov 27, 2006.

SALE OF PREFERRED SHARES

2.01. Authorization of Issue. The Company has authorized the issue and sale of up to 775,000 Preferred Shares.

2.02. Sales. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to sell to the several Purchasers, and the Purchasers, severally and not jointly, irrevocably agree to purchase from the Company the aggregate number of up to 775,000 Preferred Shares, in accordance with the percentages set forth on Annex A hereto. Each Purchaser, severally and not jointly, agrees that, as consideration for the Preferred Shares it purchases, it shall deliver to the Company cash in the aggregate amount of $1,000 per Preferred Share (the “Consideration”).

SECTION 3

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