Amendments to Debentures. The Company and the Buyers hereby agree that:
a. Section
(1) of each of the Debentures is modified to state the “Maturity Date” shall be December 31, 2010.
b. Section (3) “CONVERSION” shall be deleted in its entirety.
Amendments to Debentures. Subject to the satisfaction of the conditions precedent set forth in Section 5, each of the Company, Original Purchaser and New Purchaser agree to amend the definition of “Exempt Capital Raise” in the Debentures by replacing the references therein to “September 30, 2017” and “2017 Option” with, respectively, “January 31, 2018” and “2018 Option”.
Amendments to Debentures. (a) Section 19 of the Debentures is amended by adding, after subsection (k) and before the word "then", the following language:
(l) the combination of cash and cash equivalents, plus current accounts receivable (i.e. not aged more than 30 days), of the Company shall at any time on or after November 30, 2001 fall below $250,000;"
(b) Each Investor shall have the right, but not the obligation, to extend the Maturity Date (as defined in the Debentures) of all or a portion of the outstanding amount of its Debentures for up to four (4) consecutive periods of three (3) months each. By way of example only, an Investor could so extend the Maturity Date from October 12, 2002 to first January 12, 2003, then April 12, 2003, then July 12, 2003 and then finally October 12, 2003, respectively and in order. An Investor may elect in writing to exercise its extension option until the business day immediately preceding the otherwise applicable Maturity Date.
Amendments to Debentures. The Debentures are hereby amended to modify or delete, as applicable, all provisions inconsistent with the amendments to the Indenture effected by this Twelfth Supplemental Indenture.
Amendments to Debentures. Company shall amend, restate, renew, increase, extend or otherwise modify the Debentures or any instrument executed or agreement entered into in connection therewith, orally or in writing, or allow any such amendment, restatement, renewal, increase, extension or modification to occur, without the prior written consent of the Lender.”
Amendments to Debentures. The Company and Vicis hereby agree that by the execution and delivery of this Amendment Agreement, the Debentures shall be, and be deemed to be, immediately amended as follows:
(a) The defined term “Conversion Price” in each of the Debentures is hereby amended to be $0.10; provided that the Conversion Price shall remain subject to further adjustment as provided in Article III of each such Debenture.
(b) Section 4.13 of each Debenture is hereby deleted in its entirety.
Amendments to Debentures i. Section 5 of the Debenture is hereby amended by adding the following as a new Section (i): “
(i) Notwithstanding the other provisions of this Section 5, (i) the Company shall not be required to pay more than $300,000 of the Monthly Allowance in cash for the month of April 2015 and (ii) to the extent that a Registration Statement is declared effective during April 2015, the Company shall, automatically without any further action or notice to the Holder, be deemed to have delivered a Stock On Notice (but subject always to Section 5(c) and the satisfaction (or waiver by the Holder) of the Equity Conditions).”
ii. The reference to “$0.60” in clause (xi) of the definition of “Equity Conditions” is hereby replaced with “$0.30.” The definition of “Equity Conditions” otherwise remains unmodified.
iii. Clause (xiv) of Section 4(a) of the Debenture is hereby amended by replacing the reference to “the Effectiveness Deadline” with “May 15, 2015.”
Amendments to Debentures. Each Debenture shall be amended as follows:
(a) The definition of “Maturity Date” is hereby amended to be October 1, 2018.
(b) The Definition of “Optional Redemption Amount” is hereby amended and restated as follows: “means the sum of (a) one hundred percent (100%) of the then outstanding principal amount of the Debenture, (b) accrued but unpaid interest and (c) all liquidated damages and other amounts due in respect of the Debenture.
Amendments to Debentures. Until the expiration of the ------------------------ Subordination Period, no amendment or modification to the Debentures may, without the prior written consent of the Subordinated Lenders (which consent shall not be unreasonably withheld or delayed), increase the principal amount of or contractual interest rate or premium on the Debentures, modify the provisions of Section 3(b) of the Debentures, modify the provisions of Section 7 of the Debentures or modify the Debentures in a manner which materially adversely affects the subrogation rights of the Subordinated Lenders under Section 2.2 (f) hereof.
Amendments to Debentures. As of December 31, 2007, each of the Debentures are hereby amended as follows:
(a) The following sentence shall be added at the end of Section 2(b): "Notwithstanding anything to the contrary in this Debenture or any of the Transaction Documents, the payment of principal due on March 1, 2008 shall be deferred and shall not be due until April 1, 2008."
(b) The following new Section 8(g) will be added: "Notwithstanding anything to the contrary in this Debenture or any of the Transaction Documents, Section 8(e) and Section 8(f) shall not apply during and with respect to the period from December 31, 2007 through April 30, 2008."
