0001299933-06-003257 Sample Contracts

AMENDED AND RESTATED SECURED PROMISSORY NOTE
Security Agreement • May 8th, 2006 • Xybernaut Corp • Computer communications equipment • New York

AMENDED AND RESTATED SECURED PROMISSORY NOTE, dated May 2, 2006 (this “Note"), by XYBERNAUT CORPORATION, a Delaware corporation, and XYBERNAUT SOLUTIONS, INC., a Virginia corporation, debtors and chapter 11 debtors-in-possession (together, “Borrowers”), in favor of EAST RIVER CAPITAL LLC, a Delaware limited liability company (“Holder” or “Lender”).

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