EXHIBIT 10.12.1
ALLONGE TO NOTE
THIS ALLONGE TO NOTE dated as of April 20, 1999 amends that certain note
dated March 28, 1997 (the "Note"), promised by Xxxxxx Xxxx ("Borrower") to pay
principal and interest to Audible, Inc. ("Lender").
Borrower and Lender wish to modify the Note to extend the maturity date of
the indebtedness.
NOW, THEREFORE, in consideration of the promises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree to delete the following sentence:
Principal and interest shall be due and payable upon the earlier of
(i) March 28, 2002 or, (ii) immediately following the closing of an initial
public offering of the Common Stock of Audible, Inc., a corporation (the
"Company"), as a result of which the Company receives gross proceeds
greater than or equal to $15,000,000.
FURTHERMORE, the parties hereby agree to replace it in its entirety with
the following:
Principal and interest shall be due and payable upon the earlier of
(i) March 28, 2002 or, (ii) one year following the closing of an initial
public offering of the Common Stock of Audible, Inc., a corporation (the
"Company"), as a result of which the Company receives gross proceeds
greater than or equal to $15,000,000.
Except as amended hereby, the Note shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Allonge to Note as
of the date first written above.
"BORROWER"
XXXXXX XXXX
By: /s/ Xxxxxx Xxxx
_________________________________
Xxxxxx Xxxx
"LENDER"
AUDIBLE, INC
By: /s/ Xxxxxx X. Xxxxxxx
_________________________________
Xxxxxx X. Xxxxxxx, President and
Chief Executive Officer
