Exhibit 10.43
AMENDMENT NO. 1 TO THE PROMISSORY NOTE
This Amendment No. 1, dated as of August 19, 2002 (this "Amendment No.
1"), is to the Promissory Note, dated as of July 30, 2002, (the "Note") between
Molecular Diagnostics, Inc., a Delaware corporation (the "Company"), and the
holders of the Notes (the "Investors").
WITNESSETH:
WHEREAS, the Investors purchased the Notes in connection with a bridge
financing that closed June 30, 2002; and
WHEREAS, according to the terms of the Notes, the total outstanding
principal balance and accrued and unpaid interest on the Notes were due July
30, 2002;and
WHEREAS, pursuant to and in compliance with the provisions of Section 19
of the Notes, the Company and the Investors desire to amend the Notes as
hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and agreements herein
contained, the Company and the Investors agree as follows:
1. Section 2 is amended by deleting the date "July 30, 2002" and
inserting the new date of "December 31, 2002."
2. Section 3 is amended by deleting the parenthetical phrase "(not
less than $.50 and not more than $1.00)," and to insert the phrase "(not more
than $1.00)."
3. Capitalized terms not defined herein shall have the meanings given
them in the Notes.
4. This Amendment No. 1 may be executed in any number of counterparts
and each of such counterparts shall for all purposes be deemed to be an
original, and all such counterparts shall together constitute but one and the
same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly
executed and attested as of the ____ day of August, 2002.
MOLECULAR DIAGNOSTICS, INC.
By: ______________________________
Name: Xxxxx X. Xxxxxxxx
Title: Chief Executive Officer
and President
INVESTOR:
By: ______________________________