EXHIBIT 10.74
AMENDMENT NUMBER FOUR TO
SECURED CONVERTIBLE PROMISSORY NOTE
THIS AMENDMENT NUMBER FOUR TO SECURED CONVERTIBLE PROMISSORY NOTE
(this
"AMENDMENT") is made and
entered into as of the 26th day of September, 2004, by
and between BRILLIANT DIGITAL
ENTERTAINMENT,
INC., a Delaware
corporation (the
"BORROWER"), and ___________
("HOLDER").
RECITALS
A. The
Company
has issued in favor of Holder a Secured
Convertible Promissory Note, dated as of December 19,
2001, in the original
principal amount of $______ which note has been amended by that certain
Amendment No. One to Secured
Convertible Promissory Note, dated as of October 4,
2002, that certain
Amendment Number Two
to Secured Promissory
Note dated as of
December 31, 2003, and that
certain Amendment No.
Three to Secured
Convertible
Promissory Note, dated as of March 30, 2004 (as amended, the "CONVERTIBLE
NOTE").
B. The
Parties are delivering
this Amendment pursuant to that
certain Letter Agreement,
dated as of September 26, 2004.
C. The
Company and
Borrower each desire to further amend the
Convertible Note to change
the Maturity Date as provided herein.
AGREEMENT
NOW, THEREFORE,
in consideration of the foregoing and for good
and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Borrower and
Holder hereby agree as follows:
1.
DEFINITIONS.
Capitalized terms used
herein and not
defined
herein shall have the meanings given such terms in the Convertible Note.
"Purchase Agreement" a
