THIRD AMENDMENT TO SENIOR SECURED NOTESenior Secured Note • August 14th, 2009 • Mandalay Media, Inc. • Patent owners & lessors
This THIRD AMENDMENT TO SENIOR SECURED NOTE (this “Amendment”) pertains to that Senior Secured Note due January 30, 2010 issued pursuant to the Securities Purchase Agreement, dated July 30, 2007 (the “Purchase Agreement”), as amended by that certain Amendment and Waiver to Senior Secured Note, dated as of February 12, 2008 (the “First Amendment”) and by that certain Second Amendment and Waiver to Senior Secured Note, dated as of October 23, 2008 (the “Second Amendment”) (the Senior Secured Note as amended by the First Amendment and the Second Amendment, the “Secured Note”), by and among TWISTBOX ENTERTAINMENT, INC., a Delaware corporation (the “Company”), certain subsidiaries of the Company, MANDALAY MEDIA, INC., a Delaware corporation (“Mandalay”) and VALUEACT SMALLCAP MASTER FUND, L.P. (the “Investor”) and is made and entered into as of August 11, 2009 by and between the Company, Mandalay and the Investor. Capitalized terms used and not otherwise defined in this Amendment are used he
