Extension of Maturity Date Under Convertible Note Purchase Agreement by GeNO LLC and Purchasers
GeNO LLC and the majority of its note purchasers have agreed to extend the maturity date of their Convertible Note Purchase Agreement from August 1, 2012, to February 1, 2013. All other terms of the original agreement remain unchanged. This extension is formalized with the written consent of the majority note holders and is acknowledged by GeNO LLC's Chief Executive Officer.
Exhibit 4.2
EXTENSION OF MATURITY DATE UNDER
CONVERTIBLE NOTE PURCHASE AGREEMENT
July 30, 2012
Reference is made to that certain Convertible Note Purchase Agreement, dated as of July 27, 2010 (the “Agreement”), by and among GeNO LLC, a Delaware limited liability company (the “Company”), and the purchasers named on the Schedule of Purchasers attached thereto (the “Purchasers”). Capitalized terms not defined herein have the meanings ascribed to them in the Agreement.
WHEREAS, the Agreement provides that the Majority Note Holders may, by written consent, extend the Maturity Date; and
WHEREAS, the undersigned, being Purchasers holding Notes representing more than fifty percent (50%) of the Total Committed Principal Amount, are Majority Note Holders;
NOW, THEREFORE, the undersigned hereby consent to amend the definition of Maturity Date by changing the reference to August 1, 2012 therein to February 1, 2013. Other than as amended hereby, the Agreement and the Notes issued thereunder shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Extension of Maturity Date Under Note Purchase Agreement as of the date first above written.
| PURCHASERS: |
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ACKNOWLEDGED AND ACCEPTED:
| GENO LLC | ||||
| By: | /s/ David Fine | |||
| Name: | David Fine | |||
| Title: | Chief Executive Officer | |||
