AMENDMENT TO 6% PROMISSORY NOTE
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EX-10.37A 2 v132747_ex10-37a.htm
Exhibit 10.37a
AMENDMENT TO
6% PROMISSORY NOTE
AMENDMENT TO 6% PROMISSORY NOTE, is dated as of September 2, 2008; made by and between Delta Mutual, Inc., a Delaware corporation, with its principal offices located at 111 North Branch Street, Sellersville, PA 18960 (the “Company”) and Egani, Inc., an Arizona corporation, (the “Lender”) with a mailing address of 8260 East Raintree Drive, Scottsdale, AZ 85260. Capitalized terms used herein and not otherwise defined herein shall have the meaning assigned to such term in the Original Note.
WHEREAS, the Company and the Lender are parties to that certain 6% Promissory Note, dated March 6, 2008 (the “Original Note”), pursuant to which the Company has borrowed the amount of $21,000 from the Lender;
WHEREAS, the Original Note provides that the Maturity Date shall be September 6, 2008; and
WHEREAS, the Company and the Lender have agreed to extend the Maturity Date and to amend Section 1.4 of the Original Note; and
WHEREAS, in accordance with the terms and conditions of the Original Note, the Company and the Lender hereby approve the amendment of the Original Note as set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties agree as follows:
1. By their respective execution of this AMENDMENT, the Company and the Lender agree that Section 1.4 of the Original Note is hereby amended to read in its entirety as follows: “Maturity Date” shall mean November 30, 2008; and
2. Except as expressly provided herein, the Original Note shall continue in full force and effect.
3. This AMENDMENT may be executed by facsimile and in counterparts, which, taken together, shall be deemed an original and shall constitute a single AMENDMENT.
IN WITNESS WHEREOF, the Company and the Lender have caused this AMENDMENT to be executed as of the date first written above.
DELTA MUTUAL, INC. | EGANI, INC. | |||
(COMPANY) | (LENDER) | |||
By: | /s/ Malcolm W. Sherman | By: | /s/ Daniel Peralta | |
Malcolm W. Sherman | Daniel Peralta | |||
Executive Vice President | President |