OMNIBUS SIXTH AMENDMENT TO CREDIT AGREEMENT AND EIGHTH AMENDMENT TO NOTE AND WARRANT PURCHASE AGREEMENTCredit Agreement • September 30th, 2011 • Implant Sciences Corp • Measuring & controlling devices, nec • New York
This Omnibus Sixth Amendment to Credit Agreement and Eighth Amendment to Note and Warrant Purchase Agreement (“Amendment”) is made as of the 29th day of September, 2011 between Implant Sciences Corporation, a Massachusetts corporation (the “Company”), and DMRJ Group LLC, a Delaware limited liability company (the “Lender”).
AMENDED AND RESTATED PROMISSORY NOTEImplant Sciences Corp • September 30th, 2011 • Measuring & controlling devices, nec
FOR VALUE RECEIVED, the undersigned, IMPLANT SCIENCES CORPORATION, a Massachusetts corporation (“Borrower”), promises to pay to the order of DMRJ GROUP, LLC (“Lender”), at the place and times provided in the Credit Agreement referred to below, the principal sum of $23,000,000 or, if less, the unpaid principal amount of all Advances made by Lender, in its sole discretion, from time to time pursuant to that certain Credit Agreement, dated as of September 4, 2009 (as amended, supplemented, modified or restated from time to time, the “Credit Agreement”) among the Borrower, the Guarantors and Lender. Borrower also promises to pay interest on the unpaid outstanding principal amount from the date hereof until this note (the “Note”) is paid in full calculated in the manner and payable at the times and at the rates as are, from time to time, applicable pursuant to and in accordance with the Credit Agreement. This note amends and restates, but does not extinguish, impair, novate or discharge the
