EXHIBIT 10.10
AMENDMENT NO. 2 TO THE
BRIDGE LOAN AGREEMENT
This
Amendment No. 2 to the Bridge Loan Agreement (this "Amendment") is
entered into as of the 9 th day of July, 2008, by and
among S3 Investment Company, Inc., a California corporation (the
“ Company ” or “ SIVC” ), and
the investors listed on the SCHEDULE OF INVESTORS attached to the
original Bridge Loan Agreement, as amended in Amendment No. 1 to
the Bridge Loan Agreement (the “ Investors” ).
Investors and the Company have previously
entered into that certain Bridge Loan Agreement dated January 28,
2008 (the "Agreement"). Investors and the Company desire to
amend the Agreement as provided herein. Terms defined in the
Agreement which are used herein shall have the same meanings as set
forth in the Agreement, unless otherwise specified.
NOW,
THEREFORE, Investors and the Company hereby modify and amend the
Agreement as follows:
1.
Section 2.2(a) of the Agreement is hereby amended in its entirety
to read as follows:
2.2
Additional Closing(s)
.
(a)
Conditions of Additional
Closing(s) . On the
funding dates set forth below, the Company may, at one or more
additional closings (each an “Additional
Closing” ), issue and sell to the Investors additional
Senior Notes in proportion to each Investor to the Senior Notes
sold at the Closing, and such Senior Notes having an
aggrega
