ACKNOWLEDGMENT AND AGREEMENT TO MODIFICATION OF WAIVER AND INVESTMENT AGREEMENTAcknowledgment and Agreement • December 20th, 2007 • Surfect Holdings, Inc • Special industry machinery, nec
Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in that certain Securities Purchase Agreement, dated as of June 1, 2007, as amended by the Joinder and First Amendment to Securities Purchase Agreement, dated as of July 20, 2007, among Surfect Holdings, Inc. (the “Company”) and the Bridge Investors (the “Purchase Agreement”) entered into in connection with the Company’s 10% senior secured convertible promissory notes due October 29, 2007 in the original principal amount of $1.8 million (the “Bridge Loan”) and related bridge loan documents (the “Bridge Loan Documents”), as amended through the date hereof or in the Waiver (as defined below).
WAIVER AND INVESTMENT AGREEMENTWaiver and Investment Agreement • December 20th, 2007 • Surfect Holdings, Inc • Special industry machinery, nec • New York
This Waiver and Investment Agreement (this “Agreement”) is dated as of November 30, 2007, by and among Surfect Holdings, Inc., a Delaware corporation (the "Company"), and each existing bridge investor identified on the signature pages hereto (the “Bridge Investors”)
