AMENDMENT TO LOAN AGREEMENT
EXHIBIT
10.36
AMENDMENT
TO LOAN AGREEMENT
AMENDMENT, DATED AS OF OCTOBER 12,
2010, TO LOAN AGREEMENT, dated as of May 5, 2008 (“Original Loan Agreement”),
made by and between Li-ion Motors Corp., a Nevada corporation, with its
principal offices located at 0000 Xxxx Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxxx 00000
(the “Borrower”), and Crystal Capital Ventures Inc., having an office at 0000
Xxxxxxx Xxxxxx, Xxxxx Grove, X.X. Xxx 0000, Xxxxxx Xxxx, Xxxxxx (the
“Lender”). Capitalized terms used herein and not otherwise defined
herein shall have the meaning assigned to such term in the Original Loan
Agreement.
WHEREAS, the Borrower and the Lender
are parties to that certain Original Loan Agreement, dated May 5, 2008, pursuant
to which the Borrower has borrowed the amount of $3,000,000 from the
Lender;
WHEREAS, the Original Loan Agreement
provides that the maturity date of each Loan Installment evidenced by a Note
shall be due on the date that is three (3) years from the date on which the
Installment is advanced to the Borrower (“Loan Installment Maturity Date”);
and
WHEREAS, the Borrower and the Lender
have agreed to extend the Loan Installment Maturity Date and to amend Section
3.1 of the Original Loan Agreement in order to provide the Borrower with
additional time for repayment; and
WHEREAS, in accordance with the terms
and conditions of the Original Loan Agreement, the Borrower and the Lender
hereby approve the amendment of the Original Loan Agreement as set forth
herein.
NOW, THEREFORE, in consideration of the
foregoing and the mutual covenants contained herein, the parties agree as
follows:
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1.
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By
their respective execution of this Agreement, the Borrower and the Lender
agree that the term “Loan Installment Maturity Date” shall mean four years
from the date that the Installment under the Original Loan Agreement has
been advanced to the Borrower.
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2. By
their respective execution of this Agreement, the Borrower and the Lender agree
that Section 3.1 of the Original Loan Agreement is hereby amended to read in its
entirety as follows:
3.1 Repayment
of Principal; Interest
Subject
to section 8.2, the Borrower hereby promises to repay the principal of each Loan
Installment evidenced by a Note on the date that is four (4) years from the date
on which the Installment is advanced to the Borrower. The Interest on
the Loan shall be payable monthly in arrears on the first day of the following
month.
3. Except
as expressly provided herein, the Original Loan Agreement shall continue in full
force and effect.
LI-ION
MOTORS CORP.
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/s/
Xxxxxx Xxxxx
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By:
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Name:
Xxxxxx Xxxxx
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Title:
President
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CRYSTAL
CAPITAL VENTURES INC.
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/s/
Xxxxxx Xxxxxxx
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By:
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Name:
Xxxxxx Xxxxxxx
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Title: President
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