The Plans specify that an aggregate of 1.8 million shares of Company stock may be sold periodically, subject to the terms and conditions of the Plans between March 2007 and March 2008.
All shares under the Plans will be sold in a manner so as to minimize any potential impact on the market for the Company's stock. Pursuant to the terms of the Plans, NexGen and Mr. Oros will have no further control over the timing of stock sales under the Plans. Sales made pursuant to the Plans will be disclosed publicly through required filings with the SEC.
Rule 10b5-1 permits an insider to implement a written prearranged trading plan entered into at a time when the insider is not aware of anymaterial nonpublic information about the Company and allows the insider to trade on a one-time or regularly scheduled basis regardless of any material nonpublic information about the Company thereafter received by the insider.
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