Exhibit 4.36
AMENDMENT NO. 1 TO THE WARRANT
This Amendment No. 1, dated as of August 19, 2002 (this "Amendment No.
1"), is to the Warrant, dated as of July 30, 2002, (the "Warrant") between
Molecular Diagnostics, Inc., a Delaware corporation (the "Company"), and the
holders of the Warrants (the "Investors").
WITNESSETH:
WHEREAS, the Investors purchased the Warrants in connection with a
bridge financing that closed June 30, 2002;
WHEREAS, the Investors have agreed to amend the maturity date of certain
Promissory Notes purchased in the bridge financing; and
WHEREAS, pursuant to and in compliance with the provisions of Section 21
of the Warrants, the Company and the Investors desire to amend the Warrants as
hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and agreements herein
contained, the Company and the Investors agree as follows:
1. The Exercise Price of the Warrants is adjusted from $0.65 per
share to $0.25 per share.
2. Capitalized terms not defined herein shall have the meanings given
them in the Warrants.
3. This Amendment No. 1 may be executed in any number of counterparts
and each of such counterparts shall for all purposes be deemed to be an
original, and all such counterparts shall together constitute but one and the
same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly
executed and attested as of the ____ day of August, 2002.
MOLECULAR DIAGNOSTICS, INC.
By: _________________________________
Name: Xxxxx X. Xxxxxxxx
Title: Chief Executive Officer
and President
INVESTOR:
By: _________________________________
