EXHIBIT 4.6a
AMENDMENT TO 4% CONVERTIBLE PROMISSORY NOTE
AMENDMENT, dated as of May 2, 2006, TO 4% CONVERTIBLE PROMISSORY NOTE,
dated May 12, 2004, made by and between Delta Mutual, Inc., a Delaware
corporation, with its principal offices located at 000 Xxxxx Xxxxxx Xxxxxx,
Xxxxxxxxxxxx, XX 00000 (the "Borrower") and Xxxx Xxxxxx, an individual, of 00000
Xx. Xxxxxxx Xxxxxxxxx, # 000, Xxxx Xxxxx, XX 00000 (the "Holder"). Capitalized
terms used herein and not otherwise defined herein shall have the meaning
assigned to such term in the Original Note.
WHEREAS, the Borrower and the Holder are parties to that certain 4%
Convertible Promissory Note, dated May 12, 2004 (the "Original Note") pursuant
to which the Borrower has borrowed the amount of $193,740 from the Holder;
WHEREAS, the Original Note provides that the Maturity Date shall be May
12, 2006; and
WHEREAS, the Borrower and the Holder have agreed to extend the Maturity
Date and to amend Section 1.6 of the Original Note in order to provide the
Borrower with additional time to secure financing; and
WHEREAS, in accordance with the terms and conditions of the Original
Note, the Borrower and the Holder hereby approve the amendment of the Original
Note as set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants contained herein, the parties agree as follows:
1. By their respective execution of this AMENDMENT, the Borrower and
the Holder agree that Section 1.6 of the Original Note is hereby amended to read
in its entirety as follows: "Maturity Date" shall mean July 12, 2006.
2. Except as expressly provided herein, the Original Note shall
continue in full force and effect.
3. This AMENDMENT may be executed by facsimile and in counterparts,
which, taken together, shall be deemed an original and shall constitute a single
AMENDMENT.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, the Borrower and the Holder have executed this
Amendment as of the date first written above.
DELTA MUTUAL INC. XXXX XXXXXX (HOLDER)
By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxx Xxxxxx
-------------------- -----------------
Xxxxx X. Xxxxx Xxxx Xxxxxx
President & CEO