SUPPLY AND SELF MAINTENANCE AGREEMENTSupply and Self Maintenance Agreement • December 3rd, 2008 • Delphax Technologies Inc • Printing trades machinery & equipment • Minnesota
This Supply and Self Maintenance Agreement (this "Agreement") is entered into this 26th day of November, 2008 (the "Effective Date"), by and between Delphax Technologies Inc., a corporation organized under the laws of the State of Minnesota ("Delphax"), and Harland Clarke Corp., formerly known as John H. Harland Company, a corporation organized under the laws of the State of Delaware, ("Harland Clarke"). Delphax and Harland Clarke are from time to time referred to herein individually as a "Party" and collectively as the "Parties."
FORBEARANCE AGREEMENT AND THIRD AMENDMENT TO CREDIT AND SECURITY AGREEMENTForbearance Agreement and Third • December 3rd, 2008 • Delphax Technologies Inc • Printing trades machinery & equipment
THIS FORBEARANCE AGREEMENT AND THIRD AMENDMENT TO CREDIT AND SECURITY AGREEMENT (this "Agreement") is dated effective as of November 26, 2008, and is entered into by and between DELPHAX TECHNOLOGIES INC., a Minnesota corporation (the "Borrower"), and HARLAND CLARKE CORP., a Delaware Corporation (the "Lender").
DELPHAX TECHNOLOGIES CANADA LIMITED 12% AMENDED AND RESTATED SECURED SUBORDINATED NOTE Due: September 10, 2012Delphax Technologies Inc • December 3rd, 2008 • Printing trades machinery & equipment • Minnesota
This 12% Secured Subordinated Note (the "Note") shall bear annual interest at a fixed rate of 12% per annum of the unpaid Face Amount, payable quarterly in arrears in lawful money of the United States on the first business day of each calendar quarter; provided, however, that the Company may elect to pay interest at the rate of 9% in cash (in lawful money of the United States) and interest at the rate of 3% (the "PIK Interest Portion") by delivery of shares of Common Stock, par value $.l0 per share, of Delphax Technologies, Inc., a Minnesota corporation ("Parent"), which number of shares shall be determined by dividing the monetary value of the PIK Interest Portion of the accrued interest due on the unpaid Face Amount for the relevant quarterly period by the Market Price of the Common Stock as of the interest payment date unless at the time of such interest payment (a) during any period that Parent is not a publicly traded company, Harland Clarke is already the owner of 19.9% of the th
FORBEARANCE AGREEMENT AND THIRD AMENDMENT TO CREDIT AND SECURITY AGREEMENTForbearance Agreement and Third • December 3rd, 2008 • Delphax Technologies Inc • Printing trades machinery & equipment
THIS FORBEARANCE AGREEMENT AND THIRD AMENDMENT TO CREDIT AND SECURITY AGREEMENT (this "Agreement"), is dated effective as of November 26, 2008, and is entered into by and between DELPHAX TECHNOLOGIES CANADA LIMITED, an Ontario corporation (the "Borrower"), and SCANTRON CANADA LTD. (the "Lender").
SECOND AMENDMENT TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 3rd, 2008 • Delphax Technologies Inc • Printing trades machinery & equipment
This Second Amendment (the "Amendment") is made as of November 26, 2008 to amend the Securities Purchase Agreement dated March 26, 2007, as previously amended by a First Amendment dated September 10, 2007 (as then, now and hereafter amended, the "Securities Purchase Agreement") that was entered into by and among Delphax Technologies Inc. ("Delphax"), Delphax Technologies Canada Limited ("Delphax Canada") and Whitebox Delphax, Ltd. ("Whitebox"). The rights and interests of Whitebox under the Securities Purchase Agreement have been assigned by means of an Assignment and Assumption Agreement dated August 14, 2008 (the "Assignment Agreement") to Harland Clarke Corp. ("Harland Clarke"). Capitalized terms used but not defined in this Amendment shall have the meanings set forth in the Securities Purchase Agreement.
