Purpose; Defined Terms. This Secured Promissory Note (this “Note”) is a full recourse secured promissory note being issued and delivered by Maker to the Company pursuant to the terms of (i) that certain Securities Purchase Agreement, dated as of February 21, 2012 (as amended, restated, supplemented and otherwise modified from time to time, the “Purchase Agreement”), by and between Maker and the Company and (ii) that certain Warrant to Purchase Common Stock issued by the Company to Maker, dated February 21, 2012 (as amended, restated, supplemented and otherwise modified from time to time, the “Warrant”), as good and valuable consideration and payment in full of the exercise price of certain securities of the Company to be issued to Maker in connection with the Warrant and the Additional Investment Right contained in the Purchase Agreement. On or prior to the date hereof, Maker has executed and delivered to the Company a Security Agreement (as amended, restated, supplemented and otherwise modified from time to time, the “Security Agreement”) in the form attached to the Purchase Agreement as Exhibit H thereto. Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.
Purpose; Defined Terms. This purpose of this Agreement is to amend certain terms of the Existing Agreement including to provide additional benefits to Executive, to incorporate all amendments into one document, and to restate and supersede such Existing Agreement into this Agreement. Capitalized terms not otherwise defined herein shall have the meanings set forth in Exhibit A to this Agreement.
Purpose; Defined Terms. This Secured Promissory Note (the “Note”) is a full recourse secured promissory note being issued and delivered by Borrower to Lender pursuant to the terms of (i) that certain Preferred Stock Purchase Agreement dated as of July 19, 2010 (the “Purchase Agreement”), by and between Investor and Lender and (ii) that certain Warrant issued by Lender to Borrower, dated [ ] (the “Warrant”), as good and valuable consideration and payment in full of the exercise price payable upon exercise of the Warrant. On or prior to the date hereof, Borrower has executed and delivered to Lender a Security Agreement (the “Security Agreement”) in the form attached to the Purchase Agreement as Exhibit H thereto, which remains in full force and effect as of the date hereof. Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.
Purpose; Defined Terms. This Amended and Restated Secured Promissory Note (the “Note”) amends and restates in its entirety the Secured Promissory Note dated [ ], 2010 (the “Original Issue Date”) in principal amount of $[ ], including all accrued and unpaid interest thereon. This Note is a full recourse secured promissory note being issued and delivered by Borrower to Lender pursuant to the terms of (i) that certain Preferred Stock Purchase Agreement dated as of September 24, 2009 (the “Purchase Agreement”), by and between Investor and Lender and (ii) that certain Warrant issued by Lender to Borrower, dated September 24, 2009 (the “Warrant”), as good and valuable consideration and payment in full of the exercise price payable upon exercise of the Warrant. On or prior to the date hereof, Borrower has executed and delivered to Lender a Security Agreement (the “Security Agreement”) in the form attached as Exhibit H to the Preferred Stock Purchase Agreement dated July 19, 2010 (the “Additional Purchase Agreement”), which remains in full force and effect as of the date hereof. Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.
