SECOND SECURED PROMISSORY NOTE AND AGREEMENTSecured Promissory Note and Agreement • December 10th, 2009 • Intraop Medical Corp • Surgical & medical instruments & apparatus • California
On this 15th day of September, 2009 (the “Effective Date”), by this Second Secured Promissory Note and Agreement (“Second Note”), Intraop Medical Corporation, a Nevada corporation (the "Company"), does hereby agree to pay E.U. Capital Venture, Inc. (“Lender”) at the Company’s offices at 570 Del Rey Avenue, Sunnyvale, CA, or such other place as the Lender shall reasonably designate, the sum of One Million One Hundred Fifty Thousand and 00/100 Dollars ($1,150,000.00) along with accrued interest (such principal amount and interest together, the “Loan”), as further provided herein, as payment and consideration for the full repayment of i) that certain Secured Promissory Note and Agreement between Company and Lender dated November 1, 2008 (the “First Note”) and ii) an advance of funds from Lender to Company of Five Hundred Seventy Thousand Eight Hundred Eighty-Nine and 54/100 ($570,889.54) (the “Advance”) being made simultaneously with the full execution of this Second Note. The i) repaymen
