EXHIBIT 10.33d
FOURTH AMENDMENT TO 8% TERM NOTE
FOURTH AMENDMENT, dated as of June 2, 2006, TO 8% TERM NOTE, dated
April 5, 2005, as amended on September 30 and December 19, 2005, and March 20,
2006, made by and between Delta Mutual, Inc., a Delaware corporation, with its
principal offices located at 000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000
(the "Borrower") and ____________________, (the "Lender"). Capitalized terms
used herein and not otherwise defined herein shall have the meaning assigned to
such term in the Original Note.
WHEREAS, the Borrower and the Lender are parties to that certain 8%
Term Note, dated April 5, 2005, as amended on September 30 and December 19,
2005, and March 20, 2006, (the "Original Note") pursuant to which the Borrower
has borrowed the amount of $__________ from the Lender;
WHEREAS, the Original Note provides that the Maturity Date shall be
June 5, 2006; and
WHEREAS, the Borrower and the Lender have agreed to further amend the
Original Note to make payment due upon demand by the Lender; and
WHEREAS, in accordance with the terms and conditions of the Original
Note, the Borrower and the Lender hereby approve the amendment of the Original
Note as set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants contained herein, the parties agree as follows:
1. By their respective execution of this Fourth Amendment, the Borrower
and the Lender agree that:
(a) the initial paragraph of the Original Note is hereby amended
to read in its entirety as follows: "FOR VALUE RECEIVED, DELTA MUTUAL
INC., a Delaware corporation (the "Company"), with offices at 000 Xxxxx
Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000, promises to pay
____________________, (the "Lender"), _________on demand, in lawful
money of the United States of America, the principal sum of
___________________________, together with interest from the date of
this Note on the unpaid principal balance at a rate equal to eight
percent (8%) per annum, computed on the basis of the actual number of
days elapsed and a year of 365 days and compounded quarterly on the
last day of each calendar quarter. All unpaid principal, together with
any unpaid and accrued interest, shall be due and payable at any after
the earlier of receipt by the Company of written demand for payment by
the Lender, or (ii) when, upon or after the occurrence of an Event of
Default (as defined below), such amounts are declared due and payable
by Lender or made automatically due and payable in accordance with the
terms hereof."
(b) Subparagraph 1.4 is hereby amended to read in its entirety as
follows: "`Maturity Date" shall mean the date on which demand for
payment in writing from Lender is received by the Company."
2. Except as expressly provided herein, the Original Note shall
continue in full force and effect.
3. This Fourth Amendment may be executed by facsimile and in
counterparts which taken together, shall be deemed an original and
shall constitute a single agreement.
IN WITNESS WHEREOF, the Borrower and the Lender have executed this
Fourth Amendment as of the date first written above.
DELTA MUTUAL INC.
By: By:
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Xxxxx X. Xxxxx
President & CEO
