DEBENTURE HOLDER AGREEMENT AND CONSENTDebenture Holder Agreement • October 1st, 2007 • Diomed Holdings Inc • Surgical & medical instruments & apparatus
This Agreement and Consent is made as of the 28th day of September, 2007, between Diomed Holdings, Inc. (the “Company”), a Delaware corporation, and the undersigned (the “Holder”), who is the registered holder of (a) certain Variable Rate Convertible Debentures due October 2008 (the “2004 Debentures”) of the Company, which are convertible into shares of the Company's common stock, par value $0.001 per share (the "Common Stock") (the "Existing Conversion Shares"), and, if applicable, (b) warrants (the “Warrants”) to purchase Common Stock, issued by the Company pursuant to the Securities Purchase Agreement, dated September 28, 2004, between the Company and the Purchasers of 2004 Debentures and Warrants named therein (the “2004 Purchase Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to them in the 2004 Purchase Agreement.
