FACILITY AGREEMENTFacility Agreement • January 7th, 2008 • WorldSpace, Inc • Radio broadcasting stations • New York
THIS FACILITY AGREEMENT is made as of this 31st day of December 2007 (the “Agreement”) between WorldSpace, Inc. a Delaware corporation, (the “Company”) and Yenura Pte. Ltd., a company organized under the laws of Singapore (the “Investor”).
WorldSpace, Inc. Silver Springs, MD 20910Waiver Agreement • January 7th, 2008 • WorldSpace, Inc • Radio broadcasting stations
WorldSpace, Inc., a Delaware corporation (the “Company”), desires to enter into a Facility Agreement (the “Facility Agreement”) with Yenura Pte Ltd. (“Yenura”) in the form attached hereto as Exhibit A pursuant to which Yenura has agreed to make available up to $40 million, from time to time pursuant to draw down notices issued on or prior to January 31, 2008 at the Company’s request, in consideration for the issuance of certain subordinated convertible notes in the principal amount of each draw down under the Facility Agreement.
