Secured Convertible Promissory Notes and Warrants Agreement Sample Contracts

WHITEBOX ADVISORS, LLC 3033 Excelsior Blvd., Suite 300 Minneapolis, MN 55416

Secured Convertible Promissory Notes and Warrants Agreement • August 31st, 2006 • Sutura, Inc. • Surgical & medical instruments & apparatus

• Contract Type
  Secured Convertible Promissory Notes and Warrants Agreement
• Filed
  August 31st, 2006
• Company
  Sutura, Inc.
• Industry
  Surgical & medical instruments & apparatus

Re: Agreements relating to certain Secured Convertible Promissory Notes and Warrants between Sutura, Inc. (the “Company”) and Whitebox Convertible Arbitrage Partners, L.P. (“WCAP”), Whitebox Hedged High Yield Partners, L.P. (“WHHY”), Whitebox Intermarket Partners, L.P. (“WIP”), Pandora Select Partners, L.P. (“Pandora”), Gary S. Kohler (“Kohler”) and Scot W. Malloy (“Malloy”). WCAP, WHHY, WIP, Pandora, Kohler and Malloy are collectively referred to in this Agreement as the “Whitebox Parties”.