Contract12% Secured Promissory Note and Warrant Purchase Agreement • November 14th, 2001 • E Digital Corp • Household audio & video equipment • California
First National Bank 1004 Rosecrans Street Pt. Loma, California 92106 ABA # 1 2 2 2 3 8 9 3 8 For Account of: e.Digital Corporation Account # 8 2 2 1 3 4 5 5 2.3. Subsequent Sales of Securities. Pursuant to the terms of the offering, the Company need not sell any minimum amount of Securities prior to Closing and the Company may have multiple closings. At any time on or before September 28, 2001, the Company may sell up to the balance of the authorized Notes and Warrants not sold at prior Closings to such persons as may be approved by the Board of Directors of the Company. All such sales shall be made on the terms and conditions set forth in this Agreement, including, without limitation, the representations and warranties by such Purchasers as set forth in Section 4 and agreements provided in Section 7. Any Notes pursuant to this Section 2.3 shall be deemed to be “Notes”for all purposes under this Agreement, any Warrants sold pursuant to this Section 2.3 shall be deemed “Warrants”for all
