Exhibit
4.9
DATAJUNGLE
LTD.
CONVERTIBLE
PROMISSORY NOTE
__________________
For value received,
DataJungle Ltd. (hereinafter referred to as the
“Borrower”) promises to pay to the order of Capital
House Corporation (hereinafter referred to as the
“Lender”) in the City of Ottawa, Ontario or at such
other place as the Holder hereof may, from time to time designated
in writing, the sum of $________ CAD (collectively the
“Loan”) made by the Lender to the Borrower, in legal
and lawful money of Canada, with interest on the principal
outstanding from time to time until paid, both before and after
maturity, at the rate of ten percent (10%) per annum.
The principal and
interest of this Note is due and payable on demand and is advanced
to Borrower under the following conditions:
a.
The Loan together with
any other obligations owing to Lender in accordance with this Note
is secured by and repayable in full from receipt by Borrower or
Borrower’s parent, DataJungle Software Inc., of proceeds from
the present and future accounts receivables due to Borrower or
DataJungle Software Inc. In addition, the Loan is secured by
a floating charge on all assets of Borrower or DataJungle Software
Inc.
b.
The loan together with
any obligations owing to Lender in accordance with this Note is
secured by and repayable immediately in full from the proceeds of
any financing received in the escrow account of Alan R. Turem P.C.
on behalf of the Borrower or DataJungle Software Inc.
Borrower agrees to provide notification to Alan R. Turem P.C.
to direct the proceeds of any such financing to the Lender.
c.
The Loan together
with any other obligations owing to Lender in accordance with this
Note is subject to a General Security Agreement dated July 30, 2001
as amended in
