AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERAmendment to Debentures and Warrants, Agreement and Waiver • February 25th, 2009 • Cryoport, Inc. • Plastics foam products
THIS AGREEMENT AND WAIVER (this “Agreement”) is entered into on February 19, 2009, and is effective as of January 27, 2009 (the “Agreement Effective Date”) by and among Cryoport, Inc., a Nevada corporation (the “Company”) and the Company’s subsidiary Cryoport Systems, Inc., a California corporation on the one hand, and Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), and BridgePointe Master Fund Ltd. (“BridgePointe,” together with the Enable Funds, each individually referred to as a “Holder” and collectively as the “Holders” or the “Investors”), on the other hand. Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in each of the Securities Purchase Agreements (each as defined below) or in each of the Debentures (each as defined below).
