Exhibit 4.10
GLOBUS WIRLESS, LTD
0000 Xxxx Xxxxx
Xxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0
To each of the Investors listed on Schedule I hereto:
Reference is made to each of the Subscription Agreements, dated as of May
31, 2001 and June 6, 2001 (the "Subscription Agreements") between each
Subscriber and Globus Wirleless, Ltd. a Nevada corporation (the "Company"). All
terms defined in each of the Subscription Agreements shall have the same meaning
when used in this waiver unless otherwise defined herein.
Pursuant to Section 9.3 of the Subscription Agreements, the Company and the
Subscribers agreed that the Subscribers were limited to a maximum beneficial
ownership of the Company of 4.99%, which may be waived upon 75 days prior
written notice of the Company. The Company and the Subscribers hereby agree that
the Subscribers, together with any other entity affiliated with or under common
control with the Subscriber, shall limit their maximum beneficial ownership to
4.99% of the Company's securities and that this conversion limitation may only
be voided upon an Event of Default as described in the Note.
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SIGNATURE PAGE
The Subscribers do not waive any damages (liquidated or otherwise) or any
other rights available to them. Except as set forth in this waiver, each of the
Subscription Agreements remains in full force and effect. Please acknowledge
your agreement with the foregoing by signing in the space provided below.
Very truly yours,
Globus Wireless, Ltd.
By:
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Name: Xxxxxxxx Wizinzky
Title: Chief Financial Officer
Agreed and Accepted
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THE KESHET FUND L.P. KESHET L.P.
By: By:
------------------------------------- -------------------------------------
Name: Xxxx Xxxxx Name: Xxxx Xxxxx
Title: Authorized Signatory Title: Authorized Signatory
XXXXXXXXXXX LIMITED
PARTNERHSIP LAURUS MASTER FUND, LTD.
By: By:
------------------------------------- -------------------------------------
Name: Xxxxxxx Xxxxxxxxxxx Name: Xxxxx Grin
Title: Authorized Signatory Title: Authorized Signatory
