Amendment to Note. By executing this Agreement, the Borrower and the Lender hereby agree and acknowledge that Section 1 of the Note is hereby amended by deleting "September 30, 2002" and inserting in the place of such deletion "October 31, 2002."
Amendment to Note. The Section 1 of the Note is hereby amended and restated in its entirety to read as follows:
Amendment to Note. Effective as of the Effective Date, the “Maturity Date” of the Note shall be amended from “February 1, 2020” to “April 1, 2020”, and each reference in the Note to Maturity Date shall refer to such Maturity Date as amended and extended hereby.
Amendment to Note. 1.1. Each of the Parties agree that Section 4.1 of the Note be deleted in its entirety and replaced with the following:
4.1 The Company agrees to pay interest to the Holder on the Principal Amount at the rate of 18.0% per annum, compounded annually, until November 30, 2018 and at the rate of 8.0% thereafter until the Maturity Date. All interest accrued up to and including November 30, 2018 (collectively, the “Initial Interest”) will be payable on the earlier of: (a) the Maturity Date, (b) any Conversion Date, and (c) the date that all amounts owing under this Note are prepaid by the Company in accordance with Section 7. After November 30, 2018, interest will only be payable in cash on March 31, June 30, September 30 and December 31 of each year until the Maturity Date or earlier on the date that all amounts owning under this Note are prepaid by the Company in accordance with Section 7. Interest shall be calculated on the basis of a 365-day year and shall accrue daily, commencing on the date of the issuance of this Note, until payment in full of the Principal Amount and all other amounts that may become owing under this Note.”
1.2. Each of the Parties agree that Section 5.1, 5.2 and 5.4 of the Note be deleted in its entirety and replaced with the following:
5.1 The Parties agree that the Principal Amount and any Initial Interest that remains unpaid will, at the election of the Holder, be convertible into Conversion Shares subject to the limitations set forth in this Note. Notwithstanding anything to the contrary contained in this Note, this Note shall not be convertible by the Holder, and the Company shall not effect any conversion of this Note or otherwise issue any Conversion Shares pursuant hereto, to the extent (but only to the extent) that, after giving effect to such conversion, the Holder and any of its affiliates would beneficially own in excess of 4.99% (the “Maximum Percentage”) of the issued and outstanding Shares after such conversion. To the extent the above limitation applies, the determination of whether this Note shall be convertible (vis-à-vis other convertible, exercisable or exchangeable securities owned by the Holder or any of its affiliates) and of which such securities shall be convertible, exercisable or exchangeable (as among all such securities owned by the Holder and its affiliates) shall, subject to the Maximum Percentage limitation, be determined on the basis of the first submission to the Company for conversion, exercise or exch...
Amendment to Note. Section 2 titled “Interest Rate” is hereby amended as follows:
Amendment to Note. Effective as of the date hereof, the Maturity Date of the Note is hereby extended to July 25, 2018.
Amendment to Note a. Section 2 of the Note is hereby amended and restated in its entirety and replaced with the following:
Amendment to Note a. Article II is hereby amended and restated in its entirety as follows:
Amendment to Note. (a) The reference to “September 14, 2023” in the first paragraph of the Note is hereby deleted and replaced with “September 12, 2024”.
(b) The reference to “USD $0.57” in Section 1.3 of the Note is hereby deleted and replaced with “USD $0.15”.
(c) The Note is amended by adding the following new Section 4.12:
Amendment to Note. Section 5(a) of each Note is hereby deleted and replaced by the following:
