Exhibit 10.23
AMENDMENT TO PROMISSORY NOTE
THIS AMENDMENT TO PROMISSORY NOTES (the "Amendment") is made and
entered into as of the ____ day of September 2001, by and among Xxxxxxx Capital
AS, a Norwegian corporation (the "Lender") and MediaBin, Inc., a Georgia
corporation (the "Borrower").
W I T N E S S E T H:
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WHEREAS, Lender is the holder of certain Promissory Notes from
Borrower, as listed below:
o Note dated March 23, 2000, in the principal amount of $1,000,000;
o Note dated October 11, 2000, in the principal amount of $750,000; and
WHEREAS, Lender and Borrower wish to amend the Notes as hereinafter
provided;
NOW, THEREFORE, for and in consideration of the mutual agreements
herein contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Lender and Borrower hereby agree
as follows:
"The interest payment due upon each of the above notes on September 30,
2001, total approximately $49,000, will be deferred until December 31,
2001. The interest deferred will be added to the principal balance of
each Note and will accrue interest at the same rate as the rest of the
principal."
All references in the Notes to this "Note" shall hereafter refer to the
Notes as hereby amended.
Except as expressly provided herein, all terms and conditions of the
Notes remain in full force and effect. Nothing herein shall be construed to
constitute a novation of the Notes, and the intention of the parties hereto is
not to extinguish the Notes.
This Amendment shall be construed in accordance with the laws of the
State of Georgia.
IN WITNESS WHEREOF, Borrower and Lender have caused this Amendment to
be executed, as of the date first above written.
LENDER:
XXXXXXX CAPITAL AS
By: /s/ Xxxxxxx Xxxxxxxxxx
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Name:
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Title:
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BORROWER:
MEDIABIN, INC.
By: /s/ Xxxxxx Xxxxxxxx
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Name:
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Title:
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