RE: Placement Agent Agreement for Private Placement of Secured Convertible Promissory Notes and WarrantsAttitude Drinks Inc. • July 6th, 2011 • Beverages • New York
This letter confirms our agreement that Attitude Drinks Incorporated, a Delaware corporation (“ATTD” or the "Company”) has engaged Perrin Holden & Davenport Capital Corp. (together with its affiliates and subsidiaries, “PHD” or the “Placement Agent”) to act as the Company’s exclusive Placement Agent in connection with the proposed private placement (the “Offering”) of secured convertible promissory notes (the “Notes”) and warrants to purchase common stock (“Warrants” and together with the Notes, the “Securities”) of the Company. The terms of the Securities and the gross proceeds of such Offering will be substantially in the form to be negotiated between the Placement Agent and the Company with one or more accredited investors (described below). The gross proceeds of the Offering will be on a best efforts basis (no minimum) up to an aggregate of $400,000.
Exhibit (10)(33) Form of WarrantAttitude Drinks Inc. • July 6th, 2011 • Beverages • Delaware
Agreement to extend due date of short-term bridge loan to December 31, 2010 by issuing these warrants and 12, 000 shares of restricted common stock.
