Further Amendments to Amended Purchase Agreement. (a) Section 1.01 is hereby amended in its entirety to read as follows: “The Company has authorized the issuance and sale to the Purchasers, in the respective amounts set forth in the Schedule of Purchasers attached hereto in Schedule I, of the Company’s Senior Secured Promissory Notes, due March 1, 2011 (the “Senior Note Maturity Date”), in the original aggregate principal amount of up to $6,700,000. The Senior Notes will be substantially in the form set forth in Exhibit A hereto and are herein referred to individually as a “Senior Note” and collectively as the “Senior Notes,” which terms will also include any notes delivered in exchange or replacement therefor.”
Further Amendments to Amended Purchase Agreement. (a) Section 1.02 is hereby amended in its entirety to read as follows: “The Company has authorized the issuance and sale to Xxxxxx or an affiliate of Xxxxxx’x, the Company’s Junior Secured Convertible Promissory Notes, due March 1, 2011 (the “Junior Note Maturity Date”), in the original aggregate principal amount of up to $7,000,000. The Company shall issue to Trust A-4, dated as of March 8, 2006, a Junior Secured Convertible Promissory Note, in the original principal amount of $3,000,000 (the “Original Junior Note”), due on the Junior Note Maturity Date. The Original Junior Note will be substantially in the form set forth in Exhibit F hereto. The Company shall issue to Trust A-4, a subsequent Junior Secured Convertible Promissory Note, dated as of the date of the First Amendment, a Junior Secured Convertible Promissory Note, in the original principal amount of $1,000,000 (the “Second Junior Note”), due on the Junior Note Maturity Date. The Second Junior Note will be substantially in the form set forth in Exhibit G hereto. The Company shall issue to Trust A-4, a subsequent Junior Secured Convertible Promissory Note, dated as of the date of the Second Amendment, a Junior Secured Convertible Promissory Note, in the original principal amount of $3,000,000 (the “Third Junior Note”), due on the Junior Note Maturity Date. The Third Junior Note will be substantially in the form set forth in Exhibit H hereto. The Original Junior Note, the Second Junior Note and the Third Junior Note shall each be referred to herein as a “Junior Note” and, collectively with the Senior Notes, referred to as the “Notes,” which term will also include any notes delivered in exchange or replacement therefor. All references to a Junior Note in the Note Documents shall be deemed to be references to the respective Original Junior Note, the Second Junior Note and the Third Junior Note.
