Standard Contracts
THIRD AMENDMENT TO THE SENIOR SECURED PROMISSORY NOTESSenior Secured Promissory Notes • August 24th, 2007 • U S Wireless Data Inc • Blank checks
This THIRD AMENDMENT TO THE SENIOR SECURED PROMISSORY NOTES (this “Amendment”), amends those Senior Secured Promissory Notes, as amended to date, set forth on Schedule I hereto (the “2006 Notes”), and issued pursuant to the Secured Convertible Note and Warrant Purchase Agreement, dated May 24, 2006, as amended to date (the “2006 Purchase Agreement”), by and among StarVox Communications, Inc., a California corporation (the “Company) and each of the Holders set forth on Schedule I thereto, and is made and entered into as of August 16, 2007 by and among the Company and the holders of the 2006 Notes (the “2006 Holders,” and each, a “2006 Holder”), party hereto. Capitalized terms used and not otherwise defined in this Amendment are used herein as defined in the 2006 Purchase Agreement.
StarVox Communications, Inc. San Jose, California 95134-2012 August 16, 2007 Re: Amendment of Debentures and Waiver Agreement; Notice of name changes Ladies and Gentlemen:Debentures and Waiver Agreement • August 24th, 2007 • U S Wireless Data Inc • Blank checks • New York
Reference is made to each of those certain Senior Secured Debentures issued by StarVox Communications, Inc., a California corporation (the ”Company”), and acknowledged by U.S. Wireless Data, Inc., a Delaware corporation (the “Parent”), to the order of DKR Soundshore Oasis Holding Fund Ltd., SMH Capital Inc. or Trinad Capital Master Fund, Ltd., or their registered assigns (collectively, “Holders”) in the aggregate principal amount of $9,000,000 (the “Debentures”) ($6,000,000 of which was issued on June 1, 2007, and $3,000,000 of which was issued on July 10, 2007).
