Amendment of the Notes. Any corresponding provisions reflected in the Notes shall also be deemed amended in conformity herewith.
Amendment of the Notes. The Notes are amended to delete all provisions inconsistent with the amendments to the Indenture made pursuant to Section 2, Section 3, Section 5, Section 7 and Section 8.
Amendment of the Notes. The definition of Election Period within the Notes is hereby amended by deleting the existing definition and inserting in lieu thereof the following:
Amendment of the Notes. Section 3.1 of each Note is hereby deleted in its entirety and amended to read as follows:
Amendment of the Notes. The parties hereby agree to amend the Notes as follows: (i) the Maturity Date of Notes shall be extended to January 1, 2009; (ii) the Interest Rate under the Notes shall be fixed at fifteen percent (15%); (iii) all Principal Amounts shall be due at the Maturity Date and shall be paid in shares of Common Stock priced at $0.70 per share (subject to adjustment as provided in the Notes) if the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market for the thirty (30) trading days immediately preceding the Maturity Date is greater than $1.10 (otherwise such payment shall be made in cash); (iv) Section 2.1 of the Notes is amended to provide that interest under the Notes shall be paid, at the Borrower’s election, in cash or in shares of Common Stock, with the Common Stock priced at the average closing price of the Common Stock of the Borrower as reported by Bloomberg L.P. on the Principal Market for the ten (10) trading days immediately preceding such Repayment Date; (v) Section 2.1(a) of the Notes is amended to provide that the currently applicable Fixed Conversion Price under the Notes shall be $0.70 per share. Notwithstanding the foregoing, the limitations set forth in Section 3.2 of the Notes and the provisions for adjustments, if any, to the Fixed Conversion Price shall continue to apply.
Amendment of the Notes. (a) The Company and the Holder hereby agree that the Notes are hereby amended and restated in their entirety as set forth in the Amended and Restated Notes attached hereto as Exhibit A.
(b) The Company and the Holder hereby agree that the Warrants are hereby amended and restated in their entirety as set forth in the Amended and Restated Notes attached hereto as Exhibit B.
Amendment of the Notes. The Notes shall be amended to add to Section 6(a)(iv) and Section 6(a)(v), which section shall read as follows:
Amendment of the Notes. The parties hereby agree to amend the terms of each of the Notes as of the Amendment Date as provided below:
1.1 Amendment of Section (1)
Amendment of the Notes. 2.1 The parties hereby amend the term “Purchase Agreement” in each Note to mean the Purchase Agreement as amended on the date hereof.
2.2 The parties hereby amend and restate Section 2.1(g) of each Note as follows:
Amendment of the Notes. 1.1 The parties hereby amend Section 1.2 to add the following sentence to the end of Section 1.2 of each Note as follows: “Notwithstanding the foregoing, for the Interest Payment Date on March 9, 2009, the Maker may pay interest on this Note in the form of a new note with the same terms and conditions as provided herein with an aggregate principal amount equal to the accrued and unpaid interest for such Interest Payment Date.”
