AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • October 20th, 2010 • Applied Visual Sciences, Inc. • Wholesale-computers & peripheral equipment & software
THIS AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), dated as of October 15, 2010, is made and entered into by and among Applied Visual Sciences, Inc. (f/k/a Guardian Technologies International, Inc.), a Delaware corporation (the “Company”), and Crescent International Ltd. and Dr. Joshua P. Prager (each, a “Holder” and, collectively, the “Holders”). Any defined term used herein but not otherwise defined shall have the meaning ascribed to such term in the Securities Purchase Agreement, dated as of November 3, 2006 (the “Purchase Agreement”), by and among the Company and the signatories thereto and/or in the Transaction Documents.
