EXHIBIT 10.4
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AMENDMENT TO
GRID NOTE DUE APRIL 15, 2005
REFERENCE is hereby made to the Grid Note due April 15, 2005 (the
"Original Note") of XXXxxx.xxx, Inc., a Delaware corporation (the "Company") in
the name of Xxxxxxx Xxxxxxxx Family Limited Partnership (the "Holder")
originally issued February 10, 2004.
WHEREAS, the Holder has determined that it its best interest to modify
the Original Note to extend the date of maturity.
NOW THEREFORE, in consideration of the agreements set forth in this
agreement and those related to the original issuance of the Original Note:
1. CERTAIN DEFINITIONS.
(a) Except as otherwise provided in this agreement, all words and terms
defined in the Original Note, have the same meanings in this agreement as such
defined words and terms are given in the Original Note.
(b) "Note" means the Original Note originally issued February 10, 2005,
as supplemented and amended by this agreement and as from time to time further
supplemented and amended.
(c) "Amendment" means this agreement dated April 15, 2005.
2. EXTENSION OF DUE DATES; WAVIER OF DEFAULT.
(a) The Original Note is amended to replace each occurrence of the
words "April 5, 2005" with "June 15, 2005."
(b) The Holder waives all past defaults on the Note.
3. EFFECT OF ORIGINAL NOTE.
Except as supplemented and amended by this Amendment and such
conforming changes as necessary to reflect the modification herein, all of the
provisions of the Original Note shall remain in full force and effect from and
after the effective date of this Agreement.
XXXXXXX XXXXXXXX FAMILY
LIMITED PARTNERSHIP
/s/ Xxxxx Xxxxxxxx, MP
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Xxxxx Xxxxxxxx, Managing Partner
