FORM OF THIRD FORBEARANCE AGREEMENT AND AMENDMENTForm of Third Forbearance Agreement and Amendment • July 25th, 2008 • WorldSpace, Inc • Radio broadcasting stations
Contract Type FiledJuly 25th, 2008 Company IndustryWHEREAS, 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;