According to a Press Release dated Aug 2, 2001, the complaint alleges that the Prospectus was materially false and misleading because it failed to disclose, among other things, that: (i) Morgan Stanley had solicited and received excessive and undisclosed commissions from certain investors in exchange for which Morgan Stanley allocated to those investors material portions of the restricted number of Aspect Medical shares issued in connection with the Aspect Medical IPO; and (ii) Morgan Stanley had entered into agreements with customers whereby Morgan Stanley agreed to allocate Aspect Medical shares to those customers in the Aspect Medical IPO in exchange for which the customers agreed to purchase additional Aspect Medical shares in the aftermarket at pre-determined prices. As alleged in the complaint, the SEC is investigating underwriting practices in connection with several other initial public offerings.