OMNIBUS AMENDMENT AND WAIVEROmnibus Amendment and Waiver • January 11th, 2008 • Windswept Environmental Group Inc • Hazardous waste management • New York
This Omnibus Amendment and Waiver (this “Amendment”), dated January 8, 2008, by and between Windswept Environmental Group, Inc., a Delaware corporation (the “Company”), Laurus Master Fund, Ltd., a Cayman Islands company (“Laurus”), Valens Offshore SPV I, Ltd., a Cayman Islands company (“VOFSPVI”), Valens U.S. SPV I, LLC, a Delaware limited liability company (“VUSSPVI” and together with Laurus and VOFSPVI, the “Holders” and each, a “Holder”) and LV Administrative Services, Inc. as agent (the “Agent”) for the benefit of each of the Holders, amends (i) that certain Secured Convertible Term Note, dated as of June 30, 2005, issued by the Company in favor of Laurus, as amended and restated as of July 13, 2005, as further amended and restated as of September 8, 2005, as further amended and restated as of October 6, 2005, and as further amended and restated as of September 29, 2006 and subsequently assigned in part by Laurus to VOFSPVI and VUSSPVI (as amended and restated, further amended, mod
