DESCRIPTION OF COLORADO DISSENTERS' RIGHTS Under the Colorado Business Corporation Act ("CBCA"), a shareholder is entitled to dissent and obtain payment of the fair value of his or her shares in the event of consummation of a plan of merger of the corporation. A dissenting shareholder is entitled to "fair value" for his shares, but is not entitled to also challenge the corporate action creating the fair value entitlement unless the action is unlawful or fraudulent with respect to such shareholder or the corporation. CBCA Section 7-113-102. "Fair value" is defined as "the value of the shares immediately before the effective date of the corporate action to which the dissenter objects, excluding any appreciation or depreciation in anticipation of the corporation action except to the extent that exclusion would be inequitable." CBCA Section 7113-101. The Company must include in the notice of shareholder meeting a notice of shareholders' rights to dissent from the corporate action. Upon receipt of required notice of dissenters' rights in connection with the proposed merger, a shareholder who wishes to assert dissenters' rights must deliver to the corporation, before any vote is taken, written notice of the shareholder's intention to demand payment for his or her shares if the proposed merger is effectuated, and such shareholder must not vote his shares in favor of the proposed merger or execute any writing consenting to the proposed merger. CBCA Sections 7-113-201 and 7-113-202. If the proposed merger is authorized, the corporation, must within 10 days after the effective date of the corporate action, give a written dissenters' notice to all shareholders who are entitled to demand payment for their shares. CBCA Section 7-113-203. A shareholder who is given a dissenters' notice and who wishes to assert dissenters' rights must, in accordance with the terms of and within the times stated in the dissenters' notice, deliver to the corporation before the vote is taken a statutory payment demand in writing, and tender the share certificates. Except as otherwise provided by the CBCA, the demand for payment and deposit of certificates is irrevocable. A shareholder who does not timely demand payment and deposit his or her share certificates is not entitled to payment for shares pursuant to dissenters' rights. CBCA Section 7-113-204. Within 30 days from receipt of the corporation's offer of fair value, a dissenting shareholder may give written notice to the corporation of the dissenter's estimate of the fair value of his shares and the amount of interest due and may demand payment of such estimate, less certain payments as provided by the CBCA, or reject the corporation's offer and demand payment of fair value and interest if the dissenter believes the amount offered by the corporation is less than the fair value of the shares or if the corporation fails to make payment of the offered value within 60 days from receipt of payment demand. CBCA Section 7-113-209. In some cases, the fair value of the dissenter's shares may be determined by a court of competent jurisdiction, and costs of court may be assessed against the dissenters if the court find they have acted arbitrarily, vexatiously, or not in good faith in their payment demand. CBCA Section 7-113-301.