Notice of Termination of Structured Equity Line Flexible Financing Agreement between Cygnus, Inc. and Cripple Creek Securities, LLC

Summary

Cygnus, Inc. notifies Cripple Creek Securities, LLC that it is terminating their Structured Equity Line Flexible Financing Agreement, originally dated October 1, 2001. The termination is made in accordance with Section 10.4 of the agreement. This notice is formally signed by Cygnus, Inc.'s Chairman, President, and CEO, and is also copied to the law firm Arnold & Porter. The document serves as official written notice of the end of the financing arrangement between the two parties.

EX-10.128 7 f97435exv10w128.htm EXHIBIT 10.128 exv10w128  

Exhibit 10.128

March 24, 2004

Cripple Creek Securities, LLC
195 Maplewood Avenue
Maplewood, New Jersey 07040
Attention: Maurice Hryshko, Counsel and Attorney in Fact
Facsimile No.: (973)  ###-###-####

Re: Notice of Termination of Structured Equity Line Flexible Financing Agreement

Pursuant to Section 10.4 of the Structured Equity Line Flexible Financing Agreement dated as of October 1, 2001 (the “Agreement”), between Cripple Creek Securities, LLC, and Cygnus, Inc., a corporation organized and existing under the laws of the State of Delaware (the “Company”), the Company hereby terminates the Agreement.

         
CYGNUS, INC.    
       
By:
  /s/ John C Hodgman    
 
 
   
Name:
  John C Hodgman    
Title:
  Chairman, President and CEO    
 
       
cc:
  Arnold & Porter    
  1600 Tysons Blvd.    
  McLean, Virginia 22102    
  Attn. L. Stevenson Parker    
  Facsimile No.: (703)  ###-###-####