ContractCereplast Inc • May 24th, 2011 • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS NOTE (OR ITS PREDECESSOR) WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE ‘‘SECURITIES ACT’’), AND THIS NOTE AND THE SHARES OF OUR COMMON STOCK ISSUABLE UPON CONVERSION HEREOF MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM. EACH PURCHASER OF THIS NOTE IS HEREBY NOTIFIED THAT THE SELLER OF THIS NOTE MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A THEREUNDER.
WAIVER TO VENTURE LOAN AND SECURITY AGREEMENTVenture Loan and Security Agreement • May 24th, 2011 • Cereplast Inc • Plastic materials, synth resins & nonvulcan elastomers • Connecticut
WAIVER, dated as of May 18, 2011 (this “Waiver”), to the Venture Loan and Security Agreement dated as of December 21, 2010 (the “Loan Agreement”) by and between Cereplast, Inc., a corporation organized under the laws of the State of Nevada (the “Borrower”) and Compass Horizon Funding Company LLC, a limited liability company organized under the laws of the State of Delaware.
