Exhibit
10.34
AMENDMENT NO. 3 TO
FOREBEARANCE AND WARRANT
MODIFICATION AGREEMENT
THIS AMENDMENT NO. 3, dated as of
May 29, 2009 (this “Amendment”), to that certain
forbearance and waiver modification agreement, dated February 25,
2009, as amended by that certain Amendment No.1 to forbearance and
waiver modification agreement, dated May 6, 2009, and that certain
Amendment No. 2 to forbearance and waiver modification agreement,
dated May 14, 2009 (collectively, the “Agreement”), by
and between NATIONAL HOLDINGS CORPORATION , a Delaware
corporation (the “Company”), and
CHRISTOPHER C. DEWEY (the “Lender “).
W I T N E S S E T
H
WHEREAS, as of the date hereof there
is currently a principal amount of $500,000 due the Lender;
and
WHEREAS, the Company and the Lender wish to
amend the Agreement on the terms set forth herein.
NOW, THEREFORE, the parties hereto, in
consideration of the mutual promises herein contained and for other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, hereby agree to amend the Agreement
as follows:
1.
Definitions; References; Continuation of Agreement
. Unless otherwise specified herein, each term used
herein that is defined in the Agreement shall have the meaning
assigned to such term in the Agreement. Each reference
to “hereof,” “hereto,”
“hereunder,” “herein” and
“hereby” and each other si
|
