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RE: Notice of Event of Default under Loan and Security Agreement

Security Agreement

RE:     Notice of Event of Default under Loan and Security Agreement | Document Parties: BIOHEART, INC. You are currently viewing:
This Security Agreement involves

BIOHEART, INC.

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Title: RE: Notice of Event of Default under Loan and Security Agreement
Date: 2/3/2009
Industry: Biotechnology and Drugs     Sector: Healthcare

RE:     Notice of Event of Default under Loan and Security Agreement, Parties: bioheart  inc.
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Exhibit 2.1

BlueCrest

Blue Crest Venture Finance Master Fund Limited

January 28, 2009

VIA FACSIMILE AND
           FEDERAL EXPRESS

Bioheart, Inc.
13794 NW 4
th Street, Suite 212
Sunrise, FL 33325

RE:       Notice of Event of Default under Loan and Security Agreement

Dear Sir or Madam:

We refer to the Loan and Security Agreement, dated as of May 31, 2007 as amended from time to time (as amended, the “Agreement”), between BlueCrest Venture Finance Master Fund Limited, as assignee of BlueCrest Capital Finance, L.P. (“ Lender” ) and Bioheart, Inc. (“Borrower”). Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Agreement.

Borrower has failed to pay principal and interest, in the amount of $180,660.87, due in respect of the Term Loan on January 1,2009 under the terms of Agreement and the Promissory Note dated May 31, 2007 (the “Note”) in favor of Lender. The foregoing constitutes an Event of Default under Section 8.1(a) of the Agreement.

This letter is notice that Lender has declared an Event of Default under the Agreement, and that, unless such payment is made immediately, together with a 2%


 
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