EXHIBIT 10.8
AMENDMENT NO. 1 TO THE
BRIDGE LOAN AGREEMENT
This
Amendment No. 1 to the Class B 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 Class B Bridge Loan Agreement
(the “ Investors” ).
Investors and the Company have previously
entered into that certain Class B Bridge Loan Agreement dated
February 19, 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 each
date on which the Company documents to the Investor’s
satisfaction the completion of the milestone event set forth below,
which dates shall be no less than one month from the previous
funding, the Company may, at one or more additional closings (each
an “Additional Closing” ), issue and sell to the
Investors additional Class B Notes in proportion to each Investor
to the Class B
