CONVERTIBLE SUBORDINATED PROMISSORY NOTE MATURITY DATE SECOND EXTENSION AGREEMENT
Exhibit 10.2
CONVERTIBLE SUBORDINATED PROMISSORY NOTE MATURITY DATE
SECOND EXTENSION AGREEMENT
Whereas, Bioject Medical Technologies Inc., an Oregon corporation (the Company), borrowed $508,896 from Life Sciences Opportunities Fund II (Institutional), L.P., a Delaware Limited Partnership (the Lender), pursuant to that certain Convertible Subordinated Promissory Note, dated as of December 5, 2007 (the Note); and
Whereas, the Maturity Date of the Note was extended from May 15 2009 to July 15, 2009, pursuant to an Extension Agreement dated April 6, 2009, between the Company and the Lender;
Whereas, no principal and interest have been paid to date on the Note; and
Whereas, the Company has requested that the Lender extend the Maturity Date of the Note and all principal and interest due thereon to August 15, 2009;
For good and valuable consideration, the Company and the Lender agree as follow:
The Maturity Date of the Note is hereby extended to August 15, 2009 and all principal and interest due and payable on the Note shall be due and payable on August 15, 2009 (the Second Extension). All of the other terms and conditions of the Note, the Convertible Note Purchase and Warrant Agreement between the Company and the Lender dated as of December 5, 2007, as amended as of December 19, 2007, the Warrant to purchase 67,853 shares of the Companys Common Stock issued by the Company to the Lender on December 5, 2007 and the Registration Rights Agreement between the Company and the Lender dated as of December 5, 2007, shall remain in full force and effect and are not amended in any manner by the Second Extension.
Dated: July 13, 2009
LIFE SCIENCES OPPORTUNITIES FUND II | ||
(INSTITUTIONAL), L.P. | ||
By: | /s/ James Gale | |
Signet Healthcare Partners, LLC, General Partner | ||
James Gale, Managing Director | ||
Bioject Medical Technologies, Inc. | ||
By: | /s/ Ralph Makar | |
Ralph Makar | ||
President and Chief Executive Officer |