AMENDMENT TO SECURITY AGREEMENT AND RELATED DOCUMENTSSecurity Agreement and Related Documents • September 14th, 2004 • Transgenomic Inc • Laboratory analytical instruments • New York
This AMENDMENT (this “Amendment”) is entered into by and between TRANSGENOMIC, INC., a Delaware corporation (the “Company”), and LAURUS MASTER FUND, LTD., a Cayman Islands company (“Laurus”) as of August 31, 2004, for the purpose of further amending the terms of (i) the Security Agreement, dated December 3, 2003 and previously amended on February 20 and April 15, 2004, by and between the Company and Laurus (the ”Security Agreement”), (ii) the Secured Convertible Minimum Borrowing Note Series B, dated December 3, 2003 and previously amended on April 15, 2004 (the ”Minimum Borrowing Note”) issued by the Company pursuant to the Security Agreement, (iii) the Secured Revolving Note, dated December 3, 2003 and previously amended on April 15, 2004 (the ”Revolving Note”) issued by the Company pursuant to the Security Agreement, (iv) the Registration Rights Agreement by and between the Company and Laurus, dated December 3, 2003 and previously amended on February 20, 2004 (the ”Registration Righ
