Common use of Extension Amendments Clause in Contracts

Extension Amendments. As of the Effective Date, the following shall immediately and automatically come into effect: 3.1. Notwithstanding anything to the contrary in the Note Purchase Agreement or the Notes, including the term “Maturity Date” (as defined in the Notes), (i) the aggregate principal amount of the Notes shall become due and payable in six equal installments of $333,333.33 (each, an “Installment”) on each of the following dates: (i) November 4, 2010; (ii) February 4, 2011; (iii) May 4, 2011; (iv) August 4, 2011; (v) November 4, 2011; and (vi) February 4, 2012, and (ii) Section 1.2 of the Notes shall be amended so that the words “this Note shall bear interest, in arrears, at a rate per annum equal to five percent (5%), payable semi-annually in cash on the first business day of September and March each year” shall be replaced by “this Note shall bear interest, in arrears, at a fixed annual rate of nine percent (9%), payable in cash together with the applicable Installment”; it being understood that such new interest rate shall become effective as of the Effective Date. 3.2. Notwithstanding anything to the contrary in the Securities Purchase Agreement or the Warrants, the term “Termination Date” (as defined in the Warrants) shall be amended and restated for all intents and purposes so that the words “on or prior to 5:00 p.m., New York time, on April 9, 2011” shall be replaced by “on or prior to 5:00 p.m., New York time, on the later of the February 4 2012 and date on which the principal amount under the Note issued to the Holder pursuant to that certain Note and Warrant Purchase Agreement, dated March 22, 2004, as amended from time to time, and any interest accrued and outstanding thereon shall have been fully repaid to the Holder”. 3.3. For the sake of clarity, each Holder of the Notes will be entitled to exercise the adjustment rights received by them as a result of the subscription rights offering completed on May 13, 2009 (the "Offering"), until the full repayment of the principal amount of the Note and any interest accrued and outstanding thereon. 3.4. Section 3.16 of the Note Purchase Agreement shall be amended and restated to read as follows: “For as long as the principal amount under any of the Notes remains outstanding, the Maker shall not, without prior written consent of all the holders of the outstanding principal amount of the Notes then outstanding, borrow any loan which is ranked senior to, or parri passu with, the Notes; it being understood that the foregoing shall not apply to the existing $2 million loan from Plenus (or any amendment or restructuring thereof with Plenus or another person, as long as the principal amount is not increased beyond the then current balance).”

Extension Amendments. As of the Effective Date, the following shall immediately and automatically come into effect: 3.1. Notwithstanding anything to the contrary in the Note Purchase Agreement or the Notes, including (i) the term “Maturity Date” (as defined in the Notes), (i) the aggregate principal amount of the Notes shall become due be amended for all intents and payable in six equal installments of $333,333.33 (each, an purposes so as to read “Installment”) on each of the following dates: (i) November 4, 2010; (ii) February 4, 2011; (iii) May 4, 2011; (iv) August 4, 2011; (v) November 4, 2011; and (vi) February 4, 2012", and (ii) Section 1.2 of the Notes shall be amended so that the words “this Note shall bear interest, in arrears, at a rate per annum equal to five percent (5%), payable semi-annually in cash on the first business day of September and March each year” shall be replaced by “this Note shall bear interest, in arrears, at a fixed floating annual rate of nine the LIBOR rate published on the first day of each of March and September plus five percent (95%), payable semi-annually in cash together with on the applicable Installmentfirst business day of September and March each year”; , it being understood that such new interest rate shall become effective as of the Effective Date. 3.2. Notwithstanding anything to the contrary in the Securities Purchase Agreement or the Warrants, (i) the term “Termination Date” (as defined in the Warrants) shall be amended and restated for all intents and purposes so as to read “April 9, 2011", and (ii) Section 11(b) of the Warrants shall be amended so that the words “on If the Company consummates at any time following the date hereof a transaction or prior to 5:00 p.m., New York time, on April 9, 2011a series of related transactions offering Ordinary Shares or Ordinary Shares Equivalents for an aggregate offering price of more than $1,500,000 (a “Financing”)” shall be replaced by “on If the Company consummates at any time following the date hereof a transaction or prior to 5:00 p.m., New York time, on the later a series of the February 4 2012 and date on which the principal amount under the Note issued to the Holder pursuant to that certain Note and Warrant Purchase Agreement, dated March 22, 2004, as amended from time to time, and any interest accrued and outstanding thereon shall have been fully repaid to the Holderrelated transactions offering Ordinary Shares or Ordinary Shares Equivalents for an aggregate offering price of more than $100,000 (a “Financing”)". 3.3. For the sake of clarity, each Holder of the Notes will be entitled to exercise the adjustment rights received by them as a result of the subscription rights offering completed on May 13, 2009 (the "Offering"), until the full repayment of the principal amount of the Note and any interest accrued and outstanding thereon. 3.4. Section 3.16 of the The Note Purchase Agreement shall be amended and restated amended, to add a new Section 3.16, to read as follows: “For as long as the principal amount under any of the Notes remains outstanding, the Maker Company shall not, without prior written consent of all the holders of the outstanding principal amount of the Notes then outstanding, borrow any loan which is ranked senior to, or parri passu with, the Notes; it being understood that the foregoing shall not apply to the existing $2 million loan from Plenus (or any amendment or restructuring thereof with Plenus or another person, as long as the principal amount is not increased beyond the then current balanceincreased).”

Extension Amendments. As of the Effective Date, the following shall immediately and automatically come into effecteffect with respect to the Holders signatory hereto: 3.1. Notwithstanding anything to the contrary in the Note Purchase Agreement or the Notes, including the term “Maturity Date” (as defined in the Notes), (iA) the aggregate remaining principal amount of the Notes shall become due and payable in six four equal installments of $333,333.33 (each, an “Installment”) on each of the following dates: (i) November 4April 1, 20102012; (ii) February 4June 30, 20112012; (iii) May 4September 30, 20112012; and (iv) August 4December 31, 2011; (v) November 4, 20112012; and (vi) February 4, 2012, and (iiB) Section 1.2 of the Notes shall be amended so that the words “this Note shall bear interest, in arrears, at a rate per annum equal to five percent (5%), payable semi-annually in cash on the first business day of September and March each year” shall be replaced by “this Note shall bear interest, in arrears, at a fixed annual rate of nine percent (9%), payable in cash together with the applicable Installment” shall be replaced with “this Note shall bear interest, in arrears, at a rate per annum equal to eleven percent (11%), payable quarterly with each Installment”; it being understood that such new interest rate shall become effective as of the Effective Date. 3.2. Notwithstanding anything to the contrary in the Securities Purchase Agreement or the 2006 Warrants, the term “Termination Date” (as defined in the 2006 Warrants) with respect to the 2006 Warrants Holders shall be amended and restated for all intents and purposes so that the words “on or prior to 5:00 p.m., New York time, on April 9, 2011” shall be replaced by “on or prior to 5:00 p.m., New York time, on the later of the February 4 2012 and date on which the principal amount under the Note issued to the Holder pursuant to that certain Note and Warrant Purchase Agreement, dated March 22, 2004, as amended from time to time, and any interest accrued and outstanding thereon shall have been fully repaid to the Holder”. 3.3. For ” shall be replaced by “on or prior to 5:00 p.m., New York time, on the sake later of clarity(i) December 31, each Holder of 2013 and (ii) the Notes will be entitled to exercise the adjustment rights received by them as a result of the subscription rights offering completed date on May 13, 2009 (the "Offering"), until the full repayment of which the principal amount of under the Note issued to the Holder pursuant to that certain Note and Warrant Purchase Agreement, dated March 22, 2004, as amended from time to time, and any interest accrued and outstanding thereon, shall have been fully repaid to the Holder.” 3.43.3. Section 3.16 of Notwithstanding anything to the Note Purchase Agreement contrary in the 2009 Warrants, the term “Termination Date” (as defined in the 2009 Warrants) with respect to the 2009 Warrants Holders shall be amended and restated to read as follows: for all intents and purposes so that the term “For as long as Expiration Date” shall mean “5:00 p.m., eastern time, on the later of (i) December 31, 2013 and (ii) the date on which the principal amount under any of the Notes remains outstanding, the Maker shall not, without prior written consent of all the holders of the outstanding principal amount of the Notes then outstanding, borrow any loan which is ranked senior to, or parri passu with, the Notes; it being understood that the foregoing shall not apply Note issued to the existing $2 million loan from Plenus (or any amendment or restructuring thereof with Plenus or another personHolder pursuant to that certain Note and Warrant Purchase Agreement, dated March 22, 2004, as long as amended, from time to time, and any interest accrued and outstanding thereon, shall have been fully repaid to the principal amount is not increased beyond the then current balance)Holder.”