AMENDMENT NO. 1 TO AMENDED AND RESTATED SECURED PROMISSORY NOTESecured Promissory Note • July 17th, 2006 • Xybernaut Corp • Computer communications equipment
This Amendment No. 1 to Amended and Restated Secured Promissory Note (this "Amendment”), dated as of July 7, 2006, is entered into by and among XYBERNAUT CORPORATION, a Delaware corporation, and XYBERNAUT SOLUTIONS, INC., a Virginia corporation, debtors and Chapter 11 debtors-in-possession (collectively, “Borrowers”) and EAST RIVER CAPITAL LLC, a Delaware limited liability company (“Lender”).
