AMENDED AND RESTATED SECURED PROMISSORY NOTE AND AGREEMENT ("Note and Agreement")Secured Promissory Note and Agreement • November 14th, 2001 • Axys Pharmaceuticals Inc • Pharmaceutical preparations • New York
FOR VALUE RECEIVED, Axys Pharmaceuticals, Inc., a Delaware corporation ("Borrower"), hereby promises to pay to the order of PE Corporation (NY), a New York corporation ("Lender"), the principal sum of THIRTEEN MILLION DOLLARS ($13,000,000) or such lesser amount as shall equal the outstanding principal amount of all sums advanced to Borrower hereunder and to pay interest on the outstanding balance of said sum at a rate equal to the Prime Rate (as defined below) plus one percent (1%) per annum. All then outstanding principal and accrued interest hereunder shall be due and payable in full upon the earliest of (a) a sale of all or substantially all of the assets of the Borrower (determined on a consolidated basis) to any person or entity (other than Lender or an affiliate of Lender); (b) a Change in Control (as defined below); (c) the closing of any public or private offering of capital stock or debt securities of Borrower or any other equity or debt financing that yields net proceeds to B
SECOND SECURED PROMISSORY NOTE AND AGREEMENTSecured Promissory Note and Agreement • December 10th, 2009 • Intraop Medical Corp • Surgical & medical instruments & apparatus • California
On this 15th day of September, 2009 (the “Effective Date”), by this Second Secured Promissory Note and Agreement (“Second Note”), Intraop Medical Corporation, a Nevada corporation (the "Company"), does hereby agree to pay E.U. Capital Venture, Inc. (“Lender”) at the Company’s offices at 570 Del Rey Avenue, Sunnyvale, CA, or such other place as the Lender shall reasonably designate, the sum of One Million One Hundred Fifty Thousand and 00/100 Dollars ($1,150,000.00) along with accrued interest (such principal amount and interest together, the “Loan”), as further provided herein, as payment and consideration for the full repayment of i) that certain Secured Promissory Note and Agreement between Company and Lender dated November 1, 2008 (the “First Note”) and ii) an advance of funds from Lender to Company of Five Hundred Seventy Thousand Eight Hundred Eighty-Nine and 54/100 ($570,889.54) (the “Advance”) being made simultaneously with the full execution of this Second Note. The i) repaymen
Exhibit 10.1 AMENDED AND RESTATED SECURED PROMISSORY NOTE AND AGREEMENT ("Note and Agreement")Secured Promissory Note and Agreement • November 14th, 2001 • Applera Corp • Laboratory analytical instruments • New York
