Exhibit 5.0
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Law Office of Gregory Bartko
3475 Lenox Road
Suite 400
Atlanta, Georgia 30326
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Phone 404-238-0550
Fax 404-238-0551
Email gbartko@mindspring.com
October 16, 2001
LASIK America, Inc.
Board of Directors
6646 Indian School Road, N.E.
Albuquerque, New Mexico 87110
Dear Gentlemen,
I refer to the Registration Statement on Form SB-2 (Registration No. 333-68942),
as amended (the "Registration Statement") filed by LASIK America, Inc., a Nevada
corporation (the "Company"), with the United States Securities and Exchange
Commission under the Securities Act of 1933, relating to the offer by the
Company of 425,000 units, each unit consisting of one share of common stock,
$.001 par value per share and a redeemable common stock purchase warrant to
purchase one share of common stock (the "Units," "Common Stock," and "Warrants,"
respectively).
As counsel to the Company, I have examined such corporate records, documents and
questions of law as I have deemed necessary or appropriate for the purposes of
this opinion. In such examinations, I have assumed the genuiness of signatures
and the conformity to the originals of the documents supplied to me as copies.
As to various questions of fact material to this opinion, I have relied upon
statements and certificates of officers and representatives of the Company.
Upon the basis of such examination, I am of the opinion that:
(i) the 425,000 shares of Common Stock offered by the Company
as a part of the Units, when sold in accordance with the terms agreed upon in
the Underwriting Agreement filed as Exhibit 1.1 to the Registration Statement,
have been validly authorized, will be legally issued, fully paid, and
non-assessable;
(ii) the 425,000 redeemable common stock purchase warrants
offered by the Company as a part of the Units, when sold in accordance with the
terms agreed upon in the Underwriting Agreement filed as Exhibit 1.1 to the
Registration Statement, have been validly authorized, will be legally issued,
fully paid, and non-assessable; and
(iii) the 425,000 shares of Common Stock to be issued at the
time of exercise of the 425,000 redeemable common stock purchase warrants
offered by the Company as a part of the Units, when sold in accordance with the
terms agreed upon in the Underwriting Agreement filed as Exhibit 1.1 to the
Registration Statement, will have been validly authorized, and when the exercise
price of the Warrants is fully paid, such shares will be legally issued, fully
paid, and non-assessable.
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I hereby consent to the filing of this opinion as Exhibit 5.0 to the
Registration Statement and to the reference to this firm under the caption
"Legal Matters" in the prospectus contained therein. This consent is not to be
construed as an admission that I am a person whose consent is required to be
filed with the Registration Statement under the provisions of the Securities Act
of 1933.
Sincerely,
Gregory Bartko, Esq.
GAB/nmn
Cc: Howard P. Silverman, CEO
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