Amendment
to Secured Promissory note and
Securities Purchase,
Loan and Security Agreement
This Amendment to Secured Promissory Note and
Securities Purchase, Loan and Security Agreement (this “
Amendment ”) is made and entered into as of February
17, 2009 by and among Java Detour, Inc. , a Delaware
corporation (the “ Company ”), and Clydesdale
Partners, LLC (“ Clydesdale ”) , Java
Finance, LLC (“ Java ”) and Westfield
Wealth Management, Ltd. (“Westfield” and
collectively, the “ Holders ” or the “
Secured Parties ”).
WHEREAS , the Company has entered into an agreement with
the Secured Parties under certain Securities Purchase, Loan and
Security Agreements, dated May 19, 2008 (collectively “
Security Agreements ”), and entered into an agreement
with the Holders under certain Secured Promissory Notes, dated
May 19, 2008 and July 11, 2008 (“ Promissory
Notes ”), and issued Promissory Notes to the
Holders
WHEREAS , the Company and the Secured Parties wish to
amend certain provisions in the Security Agreements, as set forth
herein.
WHEREAS , the the the Company and the Holders wish to
amend certain provisions in the Promissory Notes, as set forth
herein.
NOW, THEREFORE , in consideration of the premises and of the
mutual promises, covenants, representations and warranties made
herein, the the Company, the Secured Parties and the Holders
intending to be legally bound, hereby agree as follows:
1.
Definitions
. Unless otherwise defined herein, capitalized terms
used in this Amendment shall have the meanings ascribed to them
under the Secured Agreements and the Promissory Notes.
|
|
Amendments To Promissory
Notes
|
The defined
term “Due Date” shall be amended to May 17,
2009.
|
|
Amendments To Security
Agreements
|
The following
sentence in Section 1:
“All
principal and accrued interest on the Notes shall be p
