Addendum Number 4 of the “Up to USD 150,000.00 Credit Facilites Agreement” of
Exhibit 10.33
Addendum
Number 4 of the “Up to USD
150,000.00 Credit Facilites Agreement”
“Addendum”
of
8 January 2021
between
Alter Xxxxxxxxx
0000 Xxxxx
| Xxxxxxxxxxx | “Borrower” |
and
| Xxxxxx Xxxxxx | ||
| | “Lender 1” | |
| Xxxxxx Xxxxx | ||
| | “Lender 2” | |
| Xxxxx Xxxxx | ||
| | “Lender 3” | |
| Xxxxxxx Xxxxx | ||
| | “Lender 4” |
(Lender 1, Lender 2, Lender 3 and Lender 4
the “Lenders”)
(Borrower and Lenders each a “Party”
collectively the “Parties”)
regarding
current situation and outstanding amount
| Addendum | 2/3 |
WHEREAS
| A. | The Borrower is a stock corporation (Aktiengesellschaft) in accordance with Swiss law with its registered seat and principal place of business at Stans (Company Number CHE-447.067.367). The Company has a share capital of CHF 139’200.00, divided into 6’960’000 registered shares with a nominal value of CHF 0.02 each, which have been fully paid in. |
| B. | The Lenders and the Borrower (formerly NLS Pharma AG) entered into the “Up to USD 150,000.00 Credit Facilities Agreement” dated 31 August 2015, as amended on 16 September 2019, on 3 February and in October 2020 (“Agreement”). The Lenders agreed to make available to the Borrower credit facilities in the aggregate amount of USD 150,000.00 (“Total Credit Facility Amount”). |
| C. | The Lenders granted to the Borrower the Total Credit Facility Amount under the Agreement. |
| D. | According to section 6.1 of the Agreement, the loans under Total Credit Facility Amount shall bear regular interest at the rate of 0% per annum, calculated from (and including) the day of its drawdown to (and including) the Maturity Date (or the date of its earlier repayment). |
| E. | According to section 6.2 of the Agreement, default interest rate of 5% per annum shall apply, in case the Borrower does not make any payment on the due date as foreseen in the Agreement. |
| F. | The maturity date for the repayment of the Total Credit Facility Amount together with the accrued interest was set at 31 December 2020 (“Maturity Date”). |
NOW, THEREFORE, the Parties agree as follows:
Any capitalized terms, if not defined otherwise in this Addendum, shall have the meaning as set forth in the Agreement.
| 1. | Open Amount |
The Parties hereby confirm that the Total Credit Facility Amount has not been repaid to the Lenders by the Borrower.
| 2. | Extension Maturity Date |
The Maturity Date as set forth in section 5 of the Agreement shall be extended from 31 December 2020 to 31 March 2021.
| 3. | Governing Law and Jurisdiction |
This Addendum shall be governed by and construed in accordance with the substantive laws of Switzerland, without reference to principles of conflict of laws or choice of laws.
All disputes arising out of or in connection with the present Agreement, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the ordinary courts in Stans (NW), Switzerland.
[Signature page to follow]
| Addendum | 3/3 |
Borrower
| /s/ Xxxxxx Xxxxxx | /s/ Xxxxxxxxx Xxxxx | |
Xxxxxx Xxxxxx Chairman of the Board |
Xxxxxxxxx Xxxxx Chief Executive Officer | |
Lenders
| /s/ Xxxxxx Xxxxxx | /s/ Xxxxxx Xxxxx | |
Xxxxxx Xxxxxx |
Xxxxxx Xxxxx | |
| /s/ Xxxxx Xxxxx | /s/ Xxxxxxx Xxxxx | |
Xxxxx Xxxxx |
Xxxxxxx Xxxxx |
