Amendment to Convertible Subordinated Promissory Note between DoveBid, Inc. and Richard Nucian
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Summary
DoveBid, Inc. and Richard Nucian have agreed to amend the terms of a convertible subordinated promissory note originally issued on March 24, 2000, for $884,629.87. The amendment changes the note's maturity date from three years to four years from the original date, or earlier if an event of default occurs. All other terms of the original note remain unchanged. This amendment is effective as of March 1, 2001, upon signing by both parties.
EX-10.41 59 dex1041.txt AMDT. TO PROMISSORY NOTE WITH RICHARD NUCIAN EXHIBIT 10.41 DOVEBID, INC. ------------- AMENDMENT TO CONVERTIBLE SUBORDINATED PROMISSORY NOTE This Amendment is entered into as of March 1, 2001, by and between Richard Nucian ("Payee") and DoveBid, Inc., a Delaware corporation (the "Company"). This Amendment amends the terms and conditions of that certain Convertible Subordinated Promissory Note issued by the Company to Payee on March 24, 2000 in the principal amount of $884,629.87 (the "Note"). Whereas, Payee and the Company desire to amend the Note on the terms and conditions set forth below; Now, therefore, in consideration of the foregoing and for other good and valuable consideration (receipt and sufficiency of which is mutually acknowledged), the parties agree as follows: 1. Amendment. The Maturity Date, as defined on page 1 of the Note, is hereby changed from (x) the earlier of (i) the three year anniversary date of the Note, or (ii) an Event of Default, as defined in Section 1.3 of the Note, to (y) the earlier of (i) the four year anniversary date of the Note, or (ii) an Event of Default. 2. Effect of Amendment. This Amendment will be effective as of the date first set forth above, upon execution of this Amendment by the Company and Payee. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, will constitute one and the same Amendment. Except as expressly provided above, the terms and conditions of the Note remain in full force and effect, unmodified, as of the date hereof. In Witness Whereof, Payee and the Company have executed this Amendment to Promissory Note by persons duly authorized to do so. THE COMPANY: DOVEBID, INC. PAYEE: RICHARD NUCIAN By: /s/ Anthony Capobianco /s/ Richard Nucian ------------------------------ ------------------------------------ (Signature of Payee) Title: VP and General Counsel ------------------------------