FORM OF THIRD FORBEARANCE AGREEMENT AND AMENDMENTForbearance Agreement and Amendment • July 25th, 2008 • WorldSpace, Inc • Radio broadcasting stations
WHEREAS, the Company issued to the Investor on June 13, 2008 the Bridge Note, the Convertible Note and warrants (the “Existing Forbearance Warrants”), which are exercisable to acquire shares of the Company’s Class A Common Stock, par value $0.01 per share (the “Common Stock”), each pursuant to the terms and conditions of that certain Amendment and Exchange Agreement (as amended, restated, supplemented or otherwise modified from time to time, including all schedules thereto, the “Amendment Agreement”), dated as of June 13, 2008, by and among the Company, certain of the Company’s subsidiaries which are guarantors of the WorldSpace Notes (the “Guarantors”) and the Investor;
Financing AgreementFinancing Agreement • July 25th, 2008 • WorldSpace, Inc • Radio broadcasting stations • New York
Financing Agreement dated July 24, 2008 by and between WorldSpace, Inc., a Delaware Corporation with its principal offices at 8515 Georgia Avenue, Silver Springs, Maryland 20910 (“Issuer” or “Borrower”) and Yenura Pte. Limited, a Singapore corporation with its principal offices at 7 Temasek Boulevard, #21-02 Suntec Tower One, Singapore 038987 (“Purchaser” or “Lender”).
