Exhibit 10.17
AMENDMENT TO PROMISSORY NOTES
DEFERRAL OF INTEREST PAYMENTS
THIS AMENDMENT TO PROMISSORY NOTES (the "Amendment") is made effective
as of the 31 day of December 2001, by and among Venturos AS, a Norwegian
corporation (the "Lender") and MediaBin, Inc., a Georgia corporation (the
"Borrower").
W I T N E S S E T H:
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WHEREAS, Lender is the holder of certain Promissory Notes from
Borrower, as listed below ("Notes"):
o Note dated March 23, 2000, in the principal amount of $1,000,000;
o Note dated October 11, 2000, in the principal amount of $750,000;
o Note dated December 28, 2000, in the principal amount of $2,500,000;
o Note dated April 4, 2001, in the principal amount of $500,000;
o Note dated June 21, 2001, in the principal amount of $2,000,000;
o Note dated September 28, 2001, in the principal amount of $1,250,000
o Note dated November 12, 2001, in the principal amount of $1,125,000; and
WHEREAS, Lender and Borrower wish to amend the Notes as hereinafter
provided;
NOW, THEREFORE, for and in consideration of the mutual agreements
herein contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Lender and Borrower hereby agree
as follows:
"The interest payment due upon each of the above Notes on December 31,
2001, including interest previously deferred, totals approximately
$278,000, will be deferred until March 31, 2002. The interest deferred
will be added to the principal balance of each Note and will accrue
interest at the same rate as the rest of the principal."
All references in the Notes to this "Note" shall hereafter refer to the
Notes as hereby amended.
Except as expressly provided herein, all terms and conditions of the
Notes remain in full force and effect. Nothing herein shall be construed to
constitute a novation of the Notes, and the intention of the parties hereto is
not to extinguish the Notes.
This Amendment shall be construed in accordance with the laws of the
State of Georgia.
IN WITNESS WHEREOF, Borrower and Lender have caused this Amendment to
be executed, as of the date first above written.
BORROWER: LENDER:
MEDIABIN, INC. VENTUROS AS
By: /s/ Xxxxxx Xxxxxxxx By: /s/ Rune Dybesland
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Name: Name:
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Title: Title:
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Date: Date:
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