LIMITED WAIVER AND CONSENTLimited Waiver and Consent • May 5th, 2005 • Diametrics Medical Inc • Electromedical & electrotherapeutic apparatus
This Limited Waiver and Consent is being signed in connection with the issuance of up to $150,000 in aggregate principal amount of additional convertible notes (the “New Notes”) and related warrants to purchase up to 3,750,000 shares of common stock (the “New Warrants”), to be issued to Mercator Momentum Fund III, L.P., Mercator Momentum Fund, L.P. and Monarch Pointe Fund, Ltd. (together, the “Mercator Funds”) pursuant to the Subscription Agreement as partial funding of the second tranche described therein. The Company and each Noteholder hereby agrees as follows:
