PROMISSORY NOTE EXTENSION AGREEMENT ADDENDUM TO NOTES UNDER LOAN AGREEMENT: SENIOR SECURED LOAN AGREEMENT 2.16.15 Extended to February 15, 2016
PROMISSORY NOTE EXTENSION AGREEMENT
ADDENDUM TO NOTES UNDER LOAN AGREEMENT: SENIOR SECURED LOAN AGREEMENT 2.16.15
Extended to February 15, 2016
August 16, 2015
THIS PROMISSORY NOTE EXTENSION AGREEMENT (“Agreement") is made and entered into effective as of August 16, 2015, by and among HEATWURX, INC a Delaware organization ("Borrower"), and JMW FUND, LLC; RICHLAND FUND, LLC and SAN XXXXXXX FUND, LLC (collectively the "Lenders").
R E C I T A L S: ----------------
A. Borrower and Lenders are parties to a Promissory Notes under the Senior Secured Loan agreement dated February 16, 2015, in the aggregate principal amount of Nine hundred forty seven thousand, three hundred sixty dollars and 52/100 ($947,306.52) ("Notes"). B. The first tranche of notes matured on August 16, 2015, and the parties hereto have entered into this Agreement for purposes of extending the maturity date of the Notes. NOW, THEREFORE, for valuable consideration, the parties hereto agree as follows: 1. PRINCIPAL BALANCE. The outstanding principal amounts due under the Notes, as defined in LOAN ADVANCES AND PAYMENTS OF PRINCIPAL Schedule A: JMW FUND, LLC; Schedule B: RICHLAND FUND, LLC, and Schedule C: SAN XXXXXXX FUND, LLC; is currently Nine hundred forty seven thousand, three hundred sixty dollars and 52/100 ($947,306.52). In addition, interest has accrued and continues to accrue under the terms of the Notes. Borrower shall pay interest and continue to accrue monthly interest under the terms of the Notes until the Due Date, as amended hereby. 2. DUE DATE. The Due Date as defined in the Notes is hereby extended to February 15, 2016, on which date all principal and interest remaining outstanding shall be paid in full without further notice or demand. 3. MISCELLANEOUS. Borrower covenants and agrees with Lenders that it has no defenses to the payment of the Notes and the performance of Borrower's obligations thereunder. Except as expressly modified herein, all other terms and provisions of the Notes shall remain in full force and effect.
|
|
| PAYEE: JMW FUND, LLC |
|
|
|
|
|
| By: | /s/ Xxxx XxXxxxx |
|
| Name: | Xxxx XxXxxxx |
|
| Title: | Manager |
|
|
|
|
|
|
| PAYEE: RICHLAND FUND, LLC |
|
|
|
|
|
| By: | /s/ Xxxx XxXxxxx |
|
| Name: | Xxxx XxXxxxx |
|
| Title: | Manager |
|
|
|
|
|
|
|
|
|
|
| PAYEE: SAN XXXXXXX FUND, LLC |
|
|
|
|
|
| By: | /s/ Xxxx XxXxxxx |
|
| Name: | Xxxx XxXxxxx |
|
| Title: | Manager |
|
| COMPANY: ACCEPTED AND AGREED: |
|
|
|
| By: | /s/ Xxxxxxx Xxxxxx |
| Name: | Xxxxxxx Xxxxxx |
| Title: | Interim CEO |
SCHEDULE A
[LOAN ADVANCES AND PAYMENTS OF PRINCIPAL]
(JMW FUND, LLC)
|
|
| Amount of |
|
|
|
| Amount of Term | Principal Paid or | Unpaid Principal | Notation Made |
| Date | Loan Advance | Prepaid | Balance | By |
| 2/5/15 | $40,000 | 0 | $40,000 | Xxxxxxx Xxxxxx |
| 2/23/15 | $40,000 | 0 | $40,000 | Xxxxxxx Xxxxxx |
| 2/24/15 | $50,000 | 0 | $50,000 | Xxxxxxx Xxxxxx |
| 3/3/15 | $40,000 | 0 | $40,000 | Xxxxxxx Xxxxxx |
| 3/11/15 | $30,000 | 0 | $30,000 | Xxxxxxx Xxxxxx |
| 4/13/15 | $30,000 | 0 | $30,000 | Xxxxxxx Xxxxxx |
| 4/24/15 | $33,000 | 0 | $33,000 | Xxxxxxx Xxxxxx |
| 5/11/15 | $20,000 | 0 | $20,000 | Xxxxxxx Xxxxxx |
| 5/26/15 | $25,000 | 0 | $25,000 | Xxxxxxx Xxxxxx |
| 6/30/15 | $69,744.19 | 0 | $69,744.19 | Xxxxxxx Xxxxxx |
| 7/16/15 | $3,000 | 0 | $3,000 | Xxxxxxx Xxxxxx |
| 8/11/15 | $10,000 | 0 | $10,000 | Xxxxxxx Xxxxxx |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SCHEDULE B
[LOAN ADVANCES AND PAYMENTS OF PRINCIPAL]
(RICHLAND FUND, LLC)
|
|
| Amount of |
|
|
|
| Amount of Term | Principal Paid or | Unpaid Principal | Notation Made |
| Date | Loan Advance | Prepaid | Balance | By |
| 2/5/15 | $10,000 | 0 | $10,000 | Xxxxxxx Xxxxxx |
| 2/23/15 | $20,000 | 0 | $20,000 | Xxxxxxx Xxxxxx |
| 2/26/15 | $50,000 | 0 | $50,000 | Xxxxxxx Xxxxxx |
| 3/11/15 | $30,000 | 0 | $30,000 | Xxxxxxx Xxxxxx |
| 4/24/15 | $33,000 | 0 | $33,000 | Xxxxxxx Xxxxxx |
| 5/11/15 | $15,000 | 0 | $15,000 | Xxxxxxx Xxxxxx |
| 5/26/15 | $25,000 | 0 | $25,000 | Xxxxxxx Xxxxxx |
| 6/30/15 | $34,872.14 | 0 | $34,872.14 | Xxxxxxx Xxxxxx |
| 7/16/15 | $3,000 | 0 | $3,000 | Xxxxxxx Xxxxxx |
| 8/11/15 | $10,000 | 0 | $10,000 | Xxxxxxx Xxxxxx |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SCHEDULE C
[LOAN ADVANCES AND PAYMENTS OF PRINCIPAL]
(SAN XXXXXXX FUND, LLC)
|
|
| Amount of |
|
|
|
| Amount of Term | Principal Paid or | Unpaid Principal | Notation Made |
| Date | Loan Advance | Prepaid | Balance | By |
| 2/5/15 | $40,000 | 0 | $40,000 | Xxxxxxx Xxxxxx |
| 2/23/15 | $40,000 | 0 | $40,000 | Xxxxxxx Xxxxxx |
| 2/24/15 | $50,000 | 0 | $50,000 | Xxxxxxx Xxxxxx |
| 3/13/15 | $30,000 | 0 | $30,000 | Xxxxxxx Xxxxxx |
| 4/24/15 | $33,000 | 0 | $33,000 | Xxxxxxx Xxxxxx |
| 5/11/15 | $15,000 | 0 | $15,000 | Xxxxxxx Xxxxxx |
| 6/30/15 | $69,744.19 | 0 | $69,744.19 | Xxxxxxx Xxxxxx |
| 7/16/15 | $3,000 | 0 | $3,000 | Xxxxxxx Xxxxxx |
| 8/11/15 | $10,000 | 0 | $10,000 | Xxxxxxx Xxxxxx |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
