3 SAFE HARBOR This presentation contains "forward-looking" statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements relate to future events or to our future financial performance and involve known and unknown risks, uncertainties and other factors that may cause our actual results, levels of activity, performance or achievements to be materially different from any future results, levels of activity, performance or achievements expressed or implied by these forward-looking statements. In some cases, you can identify forward-looking statements by the use of words such as "may," "could," "expect," "intend," "plan," "seek," "anticipate," "believe," "estimate," "predict," "potential," "continue" or the negative of these terms or other comparable terminology. You should not place undue reliance on forward-looking statements since they involve known and unknown risks, uncertainties and other factors which are, in some cases, beyond our control and which could materially affect actual results, levels of activity, performance or achievements. Factors that may cause actual results to differ materially from current expectations include, but are not limited to: (i) our ability to obtain necessary financing; (ii) our ability to control our operating expenses; (iii) our ability to recruit and enroll patients for the ACS and FDG-PET clinical trials; (iv) failure to obtain sufficient data from enrolled patients that can be used to evaluate VIA-2291l, thereby impairing the validity or statistical significance of our clinical trials; (v) our ability to successfully complete our clinical trials of VIA-2291 on expected timetables and the outcomes of such clinical trials; (vi) complexities in designing and implementing cardiovascular clinical trials using histological examinations, measurement of biomarkers, medical imaging and atherosclerotic plaque bioassays; (vii) the results of our clinical trials, including without limitation, with respect to the safety and efficacy of VIA-2291; (viii) the outcome of any legal proceedings; (ix) our ability to obtain necessary FDA approvals; (x) our ability to successfully commercialize VIA-2291; (xi) our ability to obtain and protect our intellectual property related to our product candidates; (xii) our potential for future growth and the development of our product pipeline; (xiii) our ability to form and maintain collaborative relationships to develop and commercialize our product candidates; (xiv) general economic and business conditions; and the other risks described under Item IA "Risk Factors" in VIA's Annual Report on Form 10-K for the fiscal year ended December 31, 2007 on file with the SEC. All forward-looking statements attributable to us or persons acting on our behalf are expressly qualified in their entirety by the cautionary statements set forth above. Forward-looking statements speak only as of the date they are made, and we undertake no obligation to update publicly any of these statements in light of new information or future events. This presentation does not constitute an offer to sell or a solicitation of an offer to purchase any securities of any nature whatsoever, nor do the contents of the presentation constitute legal, tax or business advice. |