Free Statement - District Court of Arizona - Arizona

DEPOSITION OF JEFFREY HIRSCHBERG
CONDUCTED ON THURSDAY, SEPTEMBER 8, 2005
1 Q Sure. é
2 (There is a recess from the record.) g
3 Q Mr. Hirschberg, you've now had a chance to g
4 review this document, Exhibit 4. In the third
5 paragraph on the first page do you see it states that
6 ‘ in early November 1998 Messrs. Thimmesch and O'Donnell g
7 authorized the issuance of the founders' warrants? g
8 A Yes. g
9 Q Is that statement consistent with your i
10 understanding? §
11 MR. BIVENS: Consistent with his §
12 understanding of the letter or of the facts? g
13 Q Consistent with your understanding of the §
14 facts regarding the date of the issuance of the §
15 founders' warrants. g
16 MR. THOMASON: Form. g
17 A From what I remember, the answer is yes. §
18 Q The next sentence goes on to read "Although
19 the issuance of the founders' warrants was authorized g
20 by the board of directors effective September 12,
‘ 21 1998, the issuance of the founders' warrants was not g
22 disclosed to the Series A investors because it é
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Case 2:02-cv—02405-HRH Document 384-22 Filed 07/24/2007 Page 1 0f1

Case 2:02-cv-02405-HRH

Document 384-22

Filed 07/24/2007

Page 1 of 1