EXHIBIT 10.1
AMENDMENT OF
PRIVATE LINE OF CREDIT AGREEMENT
This Amendment is entered in San Diego, California on February 5, 1999 to
amend the Private Line of Credit Agreement dated March 11, 1998 among
CardioDynamics International Corporation, a California corporation ("CDIc"),
Xxxxx X. Xxxxxxx ("Xxxxxxx") and Xxxxx X. Xxxxxxxx ("Xxxxxxxx"). Xxxxxxx and
Xxxxxxxx are hereafter referred to jointly as the "Lenders".
1. Under the Private Line of Credit Agreement, the Lenders agreed to lend
up to an aggregate of $3,000,000 from time to time to CDIc, upon written request
by CDIc, against respective promissory notes in the form attached thereto
(the"Notes").
2. The parties hereby agree to amend the Notes by changing their maturity
dates (and, subject to Section 2 of the Private Line of Credit Agreement, the
time period during which CDIc may request funds under the line of credit) from
September 30, 1999 to September 30, 2000.
3. In order to effectuate the amendment described above, each Lender
shall xxxx the first line of the first paragraph of his respective Note to
change the date "September 30, 1999" to "September 30, 2000". Each Lender agrees
to provide to CDIc a photocopy of his Note, as so changed.
4. Except as expressly set forth herein, the Private Line of Credit
Agreement and the Notes remain unchanged and in full force and effect.
5. The parties acknowledge that Xxxxxxx, Xxxxxxx & Xxxxxxxx LLP
represents in various matters each of CDIc, Paulson, Gilstrap, and entities
controlled by Xxxxxxx and/or Xxxxxxxx. This results in an actual conflict of
interest. The parties agree that in this transaction Xxxxxxx, Phleger & Xxxxxxxx
LLP is representing only CDIc, and is not representing either of the Lenders.
The parties consent to this representation alignment and waive the actual
conflict of interest involved. The Lenders acknowledge that they have been urged
to retain separate legal counsel to protect their interests in this transaction.
CARDIODYNAMICS INTERNATIONAL CORPORATION
By: /s/ Xxxxxxx X. Xxxxx
-------------------------------------
Chief Executive Officer
By: /s/ Xxxxx X. Xxxxxx
-------------------------------------
Secretary
/s/ Xxxxx X. Xxxxxxx
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XXXXX X. XXXXXXX
/s/ Xxxxx X. Xxxxxxxx
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XXXXX X. XXXXXXXX
