SUBORDINATION AGREEMENTSubordination Agreement • June 21st, 2011 • Bioheart, Inc. • Services-commercial physical & biological research • Illinois
This SUBORDINATION AGREEMENT (hereinafter "Agreement") is entered into and is effective this 15th day of June 2011 by and between BlueCrest Venture Finance Master Fund Limited, a Cayman Islands limited company, PO Box 309, Ugland House, South Church Street, George Town, Cayman Islands (“BlueCrest”), and Lotus Funding Group, LLC (“Lender”).
Exhibit C.Unsecured Convertible Note • June 21st, 2011 • Bioheart, Inc. • Services-commercial physical & biological research • New York
THIS NOTE, AND THE OBLIGATIONS OF THE COMPANY HEREUNDER, HAVE BEEN SUBORDINATED TO THE OBLIGATIONS OF THE COMPANY TO BLUECREST VENTURE FINANCE MASTER FUND LIMITED (“BLUECREST”) AND ITS SUCCESSORS AND ASSIGNS PURSUANT TO THAT CERTAIN SUBORDINATION AGREEMENT AMONG THE PARTIES DATED AS OF THE DATE HEREOF (THE “SUBORDINATION AGREEMENT”). HOLDER AND ANY SUBSEQUENT HOLDER HEREOF SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH SUBORDINATION AGREEMENT UNTIL PAYMENT IN FULL OF ALL OBLIGATIONS OF THE COMPANY TO BLUECREST AND SUCH SUCCESSORS AND ASSIGNS.
PARTIAL ASSIGNMENT AND MODIFICATION AGREEMENTPartial Assignment and Modification Agreement • June 21st, 2011 • Bioheart, Inc. • Services-commercial physical & biological research • Illinois
This Partial Assignment and Modification Agreement (the “Agreement”) is made by and among BIOHEART, INC. (the “Issuer”), BlueCrest Venture Finance Master Fund Limited (“BlueCrest”) and Lotus Funding Group, LLC (the “Investor”), on June 15, 2011. (The Issuer, BlueCrest and the Investor are sometimes referred to in this Agreement singly as a “Party” or collectively as the “Parties.”)
