Debt Amendment Agreement between Attitude Drinks Incorporated, Southridge Partners II LP, and SC Advisors Inc.

Summary

Attitude Drinks Incorporated and Southridge Partners II LP have agreed to amend certain promissory notes totaling $50,000 by assigning them to SC Advisors Inc. and extending their maturity dates to December 31, 2014. In a related amendment, Attitude Drinks Incorporated and SC Advisors Inc. have agreed to extend the maturity dates of additional promissory notes totaling $150,000 to December 31, 2014. These agreements are governed by New York law and can only be changed in writing signed by all parties.

EX-10.115 21 f10k2013ex10cxv_attitude.htm DEBT AMENDMENT f10k2013ex10cxv_attitude.htm
EXHIBIT (10)(115)
 
DEBT AMENDMENT
 
 
Southridge Partners II LP (the “Holder”) is the holder of outstanding promissory notes issued by Attitude Drinks Incorporated (the “Company”), as outlined in Schedule A (attached), in the aggregate principal amount of $50,000.00 (the “Notes”).
 
The Holder and the Company now desire to amend certain provisions of the Notes as follows: (a) the Holder hereby assigns the Notes to SC Advisors Inc., and (b) the Maturity Dates of the Notes shall be extended to December 31, 2014.
 
This Agreement shall be construed as to both validity and performance and enforced in accordance with and governed by the laws of the State of New York, without giving effect to the conflicts of the law principles thereof.
 
This Agreement may not be modified or changed except by an instrument or instruments in writing executed by the parties hereto.
 

 
Dated:  July 1, 2013
 

Attitude Drinks Incorporated   Southridge Partners II LP  
           
           
By:
/s/ Roy G. Warren
  By:
/s/ Steve Hicks
 
Title:
Roy G. Warren
  Title:
Steve Hicks
 
 
President & CEO
   
CEO
 
 
 
 

 
 
Schedule A

 
   
Original
New
     
 
Original
Maturity
Maturity
 
Orignal
 
New Holder
Issue Date
Date
Date
 
Principal
 
SC Advisors Inc.
12/1/2012
5/31/2013
12/31/2014
  $ 25,000  
SC Advisors Inc.
1/1/2013
6/30/2013
12/31/2014
  $ 25,000  
 
 
 
 

 
 
DEBT AMENDMENT
 
 
SC Advisors Inc. (the “Holder”) is the holder of outstanding promissory notes issued by Attitude Drinks Incorporated (the “Company”), as outlined in Schedule A (attached), in the aggregate principal amount of $150,000.00 (the “Notes”).
 
The Holder and the Company now desire to amend certain provisions of the Notes as follows: the Maturity Dates of the Notes shall be extended to December 31, 2014.
 
This Agreement shall be construed as to both validity and performance and enforced in accordance with and governed by the laws of the State of New York, without giving effect to the conflicts of the law principles thereof.
 
This Agreement may not be modified or changed except by an instrument or instruments in writing executed by the parties hereto.
 

 
Dated:  July 1, 2013
 
 
Attitude Drinks Incorporated   SC Advisors Inc.  
           
           
By:
/s/ Roy G. Warren
  By:
/s/ Steve Hicks
 
Title:
Roy G. Warren
  Title:
Steve Hicks
 
 
President & CEO
   
CEO
 

 
 
 

 
 
Schedule A
 
 
   
Original
New
     
 
Original
Maturity
Maturity
 
Orignal
 
New Holder
Issue Date
Date
Date
 
Principal
 
SC Advisors Inc.
2/1/2013
7/31/2013
12/31/2014
  $ 25,000  
SC Advisors Inc.
3/1/2013
8/31/2013
12/31/2014
  $ 25,000  
SC Advisors Inc.
4/1/2013
9/30/2013
12/31/2014
  $ 25,000  
SC Advisors Inc.
5/1/2013
10/31/2013
12/31/2014
  $ 25,000  
SC Advisors Inc.
6/1/2013
11/30/2013
12/31/2014
  $ 25,000  
SC Advisors Inc.
7/1/2013
12/31/2013
12/31/2014
  $ 25,000