AMENDMENT AGREEMENT
Exhibit 10.33
AMENDMENT AGREEMENT
This amendment agreement (the “Agreement”) is entered into this 1st day of June, 2009 by and among CareView Communications, Inc., a Nevada corporation (the “Company”) and the buyers of certain 6% Promissory Notes (the “Notes”) issued by the Company in the amount of $1,500,000 which are due on June 1, 2009 (the “Buyers”).
WHEREAS, both the Company and the Buyers desire to amend the terms of the Notes,
NOW, THEREFORE, the Company and the Buyers agree as follows:
1.0 Maturity Date. The current Maturity Date in the Notes is June 1, 2009. The Company may amend the Maturity Date to January 15, 2010 by issuance of the warrants described below in Section 2.0.
2.0 Warrants. Should the Company choose to amend the Maturity Date to January 15, 2010, it will issue to the Buyers, in proportion to their ownership of the Notes, new Common Stock Purchase Warrants in the exact form as those previously issued that aggregate 3,375,000 shares of Common Stock of the Company. Such Common Stock Purchase Warrants represent all of the compensation to the Buyers for such amendment of the Maturity Date.
3.0 All Other Terms and Documents. All of the documents related to the Notes and the related terms therein will remain unchanged and valid, with the exception of the amendments detailed in Sections 1.0 and 2.0.
IN WITNESS WHEREOF, the Company and the Buyers have executed this Agreement effective as of the date first written above.
| CAREVIEW COMMUNICATIONS, INC. |
| /s/ Xxxxx Xxxxxxx |
| By: Xxxxx Xxxxxxx |
| Its: President |
| XXXXXX GRANDCHILDREN LLC | XXXXXXXX XXXXXXXXX | |||
| /s/ Xxxxxx Xxxxxx | /s/ Xxxxxxxx Xxxxxxxxx | |||
| By: Xxxxxx Xxxxxx | By: Xxxxxxxx Xxxxxxxxx | |||
| Its: | an Individual | |||
| XXX XXXXXXX | XXXXXX X. XXXXXX REVOCABLE TRUST | |||
| /s/ Xxx Xxxxxx | /s/ Xxxxxx Xxxxxx | |||
| By: Xxx Xxxxxxx | By: Xxxxxx Xxxxxx | |||
| an Individual | Its: | |||
| WOW ASSOCIATES, LP | FOURTH GENERATION PRIVATE EQUITY | |||
| /s/ Xxxxxx X. Xxxxxxxxx | /s/ Xxxxxxx X. Xxxxx | |||
| By: Xxxxxx X. Xxxxxxxxx | By: Xxxxxxx X. Xxxxx | |||
| Its: | Its: | |||
| XXXX XXXXX | Xxxxx X. Xxxxx Trust | |||
| /s/ Xxxx Xxxxx | /s/ Xxxxxxx X. Xxxxx | |||
| By: Xxxx Xxxxx | By: Xxxxxxx X. Xxxxx | |||
| an Individual | Its: | |||
| XXXXXXX XXXXXXX | TRUST UW XXXX XXXXXXXX F/B/O XXXXXX X. XXXXXXXXX | |||
| /s/ Xxxxxxx Xxxxxxx | /s/ Xxxxxx X. Xxxxxxxxx | |||
| By: Xxxxxxx Xxxxxxx | By: XXXXXX X. XXXXXXXXX | |||
| an Individual | Its: | |||
