THIRD AMENDMENT TO 8.5% CONVERTIBLE DEBENTURES DUE SEPTEMBER 29, 2004Third Amendment to 8.5% Convertible Debentures • December 10th, 2002 • Cygnus Inc /De/ • Measuring & controlling devices, nec • New York
This Third Amendment to 8.5% Convertible Debentures Due September 29, 2004 (this "Amendment") is dated December 7, 2002, by and among Cygnus, Inc., a Delaware corporation (the "Company"), and each Holder, as defined below, and is made with reference to those certain 8.5% Convertible Debentures Due September 29, 2004, as amended (the "Amended Debentures"), issued by the Company to each holder named in the Convertible Debenture and Warrant Purchase Agreement (together with any assignees of such holders, the "Holders"). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Amended Debentures.
THIRD AMENDMENT TO 8.5% CONVERTIBLE DEBENTURES DUE JUNE 29, 20048.5% Convertible Debentures • December 10th, 2002 • Cygnus Inc /De/ • Measuring & controlling devices, nec • New York
This Third Amendment to 8.5% Convertible Debentures Due June 29, 2004 (this "Amendment") is dated December 7, 2002, by and among Cygnus, Inc., a Delaware corporation (the "Company"), and each Holder, as defined below, and is made with reference to those certain 8.5% Convertible Debentures Due June 29, 2004, as amended (the "Amended Debentures"), issued by the Company to each holder named in the Convertible Debenture and Warrant Purchase Agreement (together with any assignees of such holders, the "Holders"). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Amended Debentures.
CYGNUS, INC. Security AgreementSecurity Agreement • December 10th, 2002 • Cygnus Inc /De/ • Measuring & controlling devices, nec • California
This SECURITY AGREEMENT (this "Agreement"), effective as of August 21, 2002, is made by and between Cygnus, Inc., a Delaware corporation with principal offices at 400 Penobscot Drive, Redwood City, California 94063 (the "Company"), and each of the undersigned Investors, each with the address c/o The Palladin Group, L.P., 195 Maplewood Avenue, Maplewood, New Jersey 07040 (each a "Secured Party" and collectively the "Secured Parties"). The Company is sometimes hereinafter referred to as the "Grantor." Capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Purchase Agreement (as defined below), and terms that are defined in the Uniform Commercial Code (the "UCC") as in effect from time to time in the State of California and used herein shall have the meanings given to them in the UCC.
