0001144204-08-065696 Sample Contracts

MODIFICATION, WAIVER AND CONSENT AGREEMENT
Modification, Waiver and Consent Agreement • November 19th, 2008 • Attitude Drinks Inc. • Beverages

This Modification, Waiver and Consent Agreement is made this ____ day of September, 2008 (“Agreement”) among Attitude Drinks Inc., a Delaware corporation (the “Company”), and the signators hereto who are Subscribers under certain Subscription Agreements with the Company dated October 23, 2007 (“Initial Closing”), January 8, 2008 (“Bridge Funding”), and February 15, 2008 (“Second Closing”) (collectively “Subscription Agreements”).

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SUBSCRIPTION AGREEMENT
Subscription Agreement • November 19th, 2008 • Attitude Drinks Inc. • Beverages • New York

THIS SUBSCRIPTION AGREEMENT (this “Agreement”), is dated as of September ____, 2008, by and among Attitude Drinks Inc., a Delaware corporation (the “Company”), and the subscribers identified on the signature page hereto (each a “Subscriber” and collectively “Subscribers”).

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