PHOTOGEN TECHNOLOGIES, INC. New Hope, PA 18938 August 18, 2003Going Forward Agreement • August 20th, 2003 • Photogen Technologies Inc • Pharmaceutical preparations • New York
Reference is hereby made to the (i) Going Forward Agreement, dated May 2, 2003 (the “Going Forward Agreement”), by and among Photogen Technologies, Inc., a Nevada corporation (“Photogen”), and Xmark Fund, L.P. and Xmark Fund, Ltd. (collectively, “Xmark”), (ii) Secured Promissory Notes, dated June 18, 2003 (the “Notes”), issued by Photogen to Xmark in the aggregate principal amount of $2,500,000 (the “Note Amount”), (iii) Security Agreement, dated June 18, 2003 (the “General Security Agreement”), made by Photogen in favor of Xmark and (iv) Patent and Trademark Security Agreement, dated June 18, 2003 (the “IP Security Agreement” and together with the General Security Agreement, the “Security Agreements”), made by Photogen in favor of Xmark. Capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in the Going Forward Agreement.
GOING FORWARD AGREEMENTGoing Forward Agreement • June 20th, 2003 • Photogen Technologies Inc • Pharmaceutical preparations • New York
This GOING FORWARD AGREEMENT is entered into this 2nd day of May, 2003, by and among Xmark Fund, L.P. and Xmark Fund, Ltd. (collectively, “Xmark”), and Photogen Technologies, Inc., a Nevada corporation (“Photogen”).
