AMENDMENT TO SECURED CONVERTIBLE PROMISSORY NOTESSecured Convertible Promissory Notes • September 18th, 2007 • Sutura, Inc. • Surgical & medical instruments & apparatus
THIS AMENDMENT TO SECURED CONVERTIBLE PROMISSORY NOTES (the “Agreement”) is effective as of July 1, 2007, by and among Sutura, Inc., a Delaware corporation (the “Company”), Pandora Select Partners L.P., a British Virgin Islands limited partnership (“Pandora”), Whitebox Hedged High Yield Partners L.P., a British Virgin Islands limited partnership (“WHHY”), Whitebox Convertible Arbitrage Partners L.P., a British Virgin Islands limited partnership (“WCAP”), Whitebox Intermarket Partners L.P., a British Virgin Islands limited partnership (“WIP”) and Gary S. Kohler (“Kohler”) and Scot W. Malloy (“Malloy”), each residents of the State of Minnesota. Each of Pandora, WHHY, WCAP, WIP, Kohler and Malloy may be referred to herein as a “Whitebox Party” or collectively as the “Whitebox Parties”.
