Patrick C. Clary, Chartered A Nevada Professional Corporation 7201 West Lake Mead Boulevard, Suite 410 Las Vegas, Nevada 89128 Phone: 702-382-0813 Fax: 702-382-7277 E-Mail: pcclary@aol.com     Professional Affiliations Patrick C. Clary is the President, Secretary-Treasurer, director and sole stockholder of Patrick C. Clary, Chartered, a Nevada professional corporation, incorporated in 1980 as the successor to Perry & Clary, which had been organized in 1969. Mr. Clary is the senior alumnus of the firm Lionel Sawyer & Collins (originally Lionel & Sawyer), for which he became employed upon its formation on March 1, 1967 shortly after his graduation from law school. Education After attending the University of Nevada in Reno, 1960-1962, Mr. Clary relocated to Washington, D.C., where he received his bachelor of arts and juris doctor degrees from The American University in 1965 and 1967, respectively. Law Practice Mr. Clary has been providing legal and advice and services to individuals and small businesses for 40 years and, on February 22, 2007, was an honoree at the Clark County Bar Association’s 40-Year Club Induction Ceremony. Emphasizing securities law, he has primarily practiced in business organization formation and related legal services for new businesses in Nevada and elsewhere and has represented both issuers and broker-dealers in public and private offerings, parties to other securities financing transactions, clients involved in corporate and Chapter reorganizations and clients pursuing private securities claims and defending against prosecution of Securities and Exchange Commission enforcement actions and private securities civil actions.More recently the Clark County Bar Association published an article written by Pat in the December 2007 edition of the Communique, the official journal of the Association, featuring lawyers’ articles on business law. Pat’s article is entitled “Are You Practicing Securities Law and Don’t Know It? If you don’t know, you probably are” (which can be found at www.clarkcountybar.org); although by its title the article is directed to lawyers who may not be familiar with the securities laws, it is also instructive to prospective clients regarding the legal requirements for compliance with federal and state securities laws. Reported Cases Mr. Clary’s admission to the Supreme Court of the United States in 1990 was occasioned by the filing there of a petition for writ of certiori in the landmark case of Hocking v. Dubois, 885 F.2d 1449 (9th Cir. 1989), cert. denied 494 U.S. 1078 (1990), a case in which, Mr. Clary distinguished himself as a securities lawyer in the U.S. Court of Appeals for the Ninth Circuit, where, as attorney for the plaintiff, he won the appeal there in a 2-1 decision by the initial panel and then in a 6-5 decision after a subsequent en banc rehearing. The case established and still stands for liberalized standards in the Ninth Circuit for the definition of “securities,” which the U.S. Supreme Court declined to review. Later, Mr. Clary won a case of “first impression” in the Supreme Court of Nevada in Schwartz v. Wasserburger, 117 Nev. 703, 30 P.3d 1114 (2001, where the Nevada Supreme Court, reversing a lower court decision, established that Nevada’s 6-year statute of limitations for written contracts runs from the “actual breach” rather than the “anticipatory breach.” Political, Civic and Cultural Activities Long active in Democratic politics since his youth, Mr. Clary was a Democratic candidate for Congress in Nevada in 1996. He is a founding member of the Board of Directors of the Las Vegas Philharmonic (now nine years old and recently rated as the most up and coming orchestra in the United States) and presently is the Philharmonic’s General Counsel; he is also a member of the Board of Directors of Nevada Arts Advocates. Mr. Clary is founder and President/Chairman Emeritus of the Nevada Committee on Foreign Relations, an affiliate of the American Committees on Foreign Relations (ACFR) in Washington, D.C.; Mr. Clary is also a member of ACFR’s national Board of Directors. On November 11, 2007, Mr. received an award at the 45th Anniversary Gala Concert of the Society “for his 13 years as a member and officer of the Board of Trustees and for his contribution as an outstanding singer and generous patron.” He also received citations from Nevada’s Governor and Lt. Governor as well as members of the Nevada Congressional delegation, and City of Las Vegas Mayor Oscar Goodman issued a proclamation designating November 11, 2007 as “Patrick C. Clary Day.