Exhibit 10.16
AMENDMENT TO PROMISSORY NOTE
AMENDMENT, dated as of January 26, 2001 (this "Amendment"), to
the Promissory Note, dated as of January 31, 2000 (the "Note"), between the
undersigned (the "Borrower"), and Western Multiplex Corporation, a Delaware
Corporation ("WMC" or the "Lender").
W I T N E S S E T H:
- - - - - - - - - -
WHEREAS, pursuant to the Note, the Lender has agreed to make, and
has made, extensions of credit to the Borrower; and
WHEREAS, the Borrower has requested, and, upon this Amendment
becoming effective, the Lender has agreed, that certain provisions of the Note
be amended in the manner provided for in this Amendment;
NOW, THEREFORE, in consideration of the premises and the
agreements hereinafter set forth, the parties hereto hereby agree as follows:
SECTION 1. AMENDMENT TO SECTION 3(b) OF THE NOTE. Section 3(b) of
the Note is hereby amended by deleting all of the language contained in such
section and the caption is hereby amended to omit the words "Limited Recourse".
SECTION 2. COUNTERPARTS. This Amendment may be executed in any
number of counterparts, all of which together shall constitute a single
instrument.
SECTION 3. GOVERNING LAW. This Amendment and the rights and
obligations of the parties hereto shall be governed by, and construed and
interpreted in accordance with, the law of the State of California.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment
to be duly executed and delivered by their proper and duly authorized officers
as of the day and year first above written.
WESTERN MULTIPLEX CORPORATION
By: /s/ Xxxxx Xxxxx
_________________________________
Name: Xxxxx Xxxxx
Title: Chief Financial Officer
EMPLOYEE
By: /s/ Xxxx Xxxxxxxxx
_________________________________
Name: Xxxx Xxxxxxxxx
SPOUSE
By: /s/ Xxxx Xxxxxxxxx
_________________________________
Name: Xxxx Xxxxxxxxx
