AMENDMENT TO NOTE
Exhibit 4.44
AMENDMENT TO NOTE
This Amendment to Unsecured Subordinated Promissory Note (this “Amendment”), is made as of July 22, 2024 (the “Effective Date”), by and among Flewber Global Inc., a Delaware corporation (the “Company”) and Xxxxxxx Xxxxx(the “Holder”).
RECITALS
A. WHEREAS, the Company previously issued that certain Unsecured Subordinated Promissory Note to the Holder, dated November 17, 2023 (the “Note”).
B. WHEREAS, the Company and the Holder desire to further amend the Note as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual agreements, covenants and considerations contained herein, the receipt of which are hereby acknowledged, the parties agree as follows:
1. Capitalized Terms. Capitalized terms used but not defined herein have the meanings ascribed to them in the Note.
2. Maturity Date. The Maturity Date shall be further extended from June 30, 2024 through and until September 30, 2024.
3. Consideration. Company has agreed to pay Twenty Two Thousand dollars ($22,000) to extend the note. A Five Thousand ($5000) payment was issued on July 22nd, 2024 and Seventeen Thousand Dollars is payable by COB Tuesday August 6th, 2024.
4. No Other Modifications. Except as expressly set forth in this Amendment, the Note remains unmodified and each term and condition thereof shall continue in full force and effect.
5. Miscellaneous.
(a) Choice of Law. This Amendment, and all matters arising out of or relating to this Amendment, whether sounding in contract, tort, or statute will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York.
(b) Binding Agreement. The terms and conditions of this Amendment shall inure to the benefit of, and be binding upon, the respective successors and permitted assigns of the Holder and the Company.
(c) Titles and Subtitles. The titles and subtitles in this Amendment are used for convenience only and are not to be considered in construing or interpreting this Amendment.
(d) Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of this Amendment by electronic transmission shall be equally effective as delivery of an executed hard copy of the same.
[Signature page follows]
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the Effective Date set forth above.
COMPANY: | ||
FLEWBER GLOBAL INC., a Delaware Corporation | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: | Xxxx Xxxxxxx | |
Title: | President and Chief Executive Officer | |
HOLDER: | ||
By: | /s/ Xxxxxxx Xxxxx | |
Name: | Xxxxxxx Xxxxx |
[Signature Page – Amendment to Note]