DJ ORTHOPEDICS, INC. 2985 Scott Street Vista, CA 92083Notes and Pledge Agreements • December 12th, 2001 • Dj Orthopedics Capital Corp • Orthopedic, prosthetic & surgical appliances & supplies
Reference is hereby made to the following: (i) a Promissory Note originally issued by you to DonJoy, L.L.C. (the "COMPANY") on June 30, 1999, and amended and restated on June 28, 2000, in the original principal amount, as so amended and restated, of $210,541.11, (the "JUNE 1999 NOTE"); (ii) a Promissory Note issued by you to the Company on June 28, 2000, in the original principal amount of $17,728.91 (the "JUNE 2000 Note"); (iii) a Promissory Note issued by you to the Company on July 7, 2000, in the original principal amount of $24,924.67 (the "JULY 2000 NOTE"); (iv) a Promissory Note originally issued by you to the Company on June 11, 2001, in the original principal amount of $30,121.74 (the "JUNE 2001 NOTE" and collectively with the June 1999 Note, the June 2000 Note and the July 2000 Note, the "NOTES"); (v) a Third Amended and Restated Pledge Agreement between you and the Company, dated as of June 11, 2001 (the "PLEDGE AGREEMENT") and (vi) the Agreement and Plan of Merger (the "MERG
