Amendments to Original Note. The Parties hereby amend the Original Note as set forth below.
Amendments to Original Note. The sixth paragraph of the Original --------------------------- Note is hereby amended in its entirety to read as follows: "On October 1, 1999 the unpaid principal balance of this Note and all interest accrued hereon shall be due and payable in full."
Amendments to Original Note. (a) The second paragraph of the Original Note is hereby amended and restated in its entirety as follows: “FOR VALUE RECEIVED, the Company promises to pay to Calm Waters Partnership or its registered assigns (the “Holder”), or shall have paid pursuant to the terms hereunder, the principal sum of $4.5 million on August 28, 2016 (the “Maturity Date”) or such earlier date as this Note is required or permitted to be repaid as provided hereunder, and to pay interest to the Holder on the aggregate unconverted and then outstanding principal amount of this Note in accordance with the provisions hereof.”
Amendments to Original Note. The Company and Investor acknowledge and agree that the conversion price for the principal amount of the Original Note shall be amended in accordance with the terms set forth in the Amended and Restated Note.
Amendments to Original Note. Effective as of the Effective Date and subject to the conditions to effectiveness set forth in Section 4 hereof, the Original Note is hereby amended as follows:
Amendments to Original Note. 1.1 Section 2(a) of the Original Note is amended by adding at the end of such section the following: "Notwithstanding anything contained in the foregoing portions of this Section 2(a), (i) interest that shall have accrued on the Accreted Principal Amount and shall be unpaid as of September 30, 2003, shall be paid by addition of such accrued and unpaid interest to the principal outstanding under this Note on such date and shall constitute a "PIK Amount" and shall be included in determining the Accreted Principal Amount for all purposes and (ii) interest that shall have accrued on the Accreted Principal Amount and that is due on each Interest Payment Date beginning on March 31, 2004 and ending on, and including, December 31, 2005 shall be payable at the rate of 10% per annum, of which 8% per annum shall be paid in cash on each such date and 2% per annum shall be paid by addition of such accrued and unpaid interest to the principal outstanding under this Note on each such date and such 2% per annum amount shall constitute a "PIK Amount" and shall be included in determining the Accreted Principal Amount for all purposes. Notwithstanding anything to the contrary contained in the Original Note, the payment of interest on the Accreted Principal Amount that would otherwise be due on December 31, 2003 shall be extended until, and shall be due on, January 7, 2004. Attached hereto as Exhibit 1 is the anticipated payment schedule for interest on this Note, beginning with the interest that shall have accrued on the Accreted Principal Amount and that is due on January 7, 2004, subject to adjustment in the case of prepayment of principal, late payments of interest and other events; such Exhibit 1 being for illustrative purposes only."
