Waiver Agreement between Micro Component Technology, Inc. and Purchasers Regarding Indebtedness and Warrant Grant Deadlines
Micro Component Technology, Inc. and several investment entities have agreed to extend certain deadlines related to the company's indebtedness and the granting of a warrant to purchase shares. The deadline for granting the warrant and the maturity date for certain debts are extended to December 15, 2008. The company is also temporarily excused from complying with specific covenants until December 31, 2008. These changes provide the company with additional time to meet its obligations under previous agreements.
Exhibit 10.1
WAIVER
The undersigned hereby agree with Micro Component Technology, Inc. (the “Company”) as follows: (1) the date by which the Company must grant a warrant to purchase 146,143,792 shares of common stock to the undersigned, in order to extend the maturity date on all of the Company’s indebtedness to the undersigned, is changed from November 30, 2008 to December 15, 2008; (2) the due date on any indebtedness of the Company to the undersigned which would otherwise become due and payable prior to December 15, 2008, is hereby extended to December 15, 2008; (3) the obligation of the Company to comply with the covenants contained in Section 6.23 of the Securities Purchase Agreement dated July 31, 2008, is hereby waived through December 31, 2008; and (4) all references to November 30, 2008 in the Fourth Amended and Restated Overadvance letter are changed to December 15, 2008.
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| PURCHASERS: | ||
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| Date: | 11/28/08 |
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| Valens U.S. SPV I, LLC | ||
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| By: | Valens Capital Management | |
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| Its: | Investment Manager | |
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| By: | /s/ Patrick Regan | |
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| Patrick Regan, Authorized Signatory | |
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| Date: | 11/28/08 |
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| Valens Offshore SPV I, Ltd. | ||
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| By: | Valens Capital Management | |
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| Its: | Investment Manager | |
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| By: | /s/ Patrick Regan | |
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| Patrick Regan, Authorized Signatory | |
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| Date: | 11/28/08 |
| Laurus Master Fund, Ltd. | |
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| By: | Laurus Capital Management, LLC | |
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| Its: | Investment Manager | |
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| By: | /s/ Patrick Regan | |
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| Patrick Regan, Authorized Signatory | |
| Date: | 11/28/08 |
| Psource Structured Debt Limited | ||
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| By: | Laurus Capital Management, LLC | ||
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| Its: | Investment Manager | ||
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| By: | /s/ Patrick Regan | ||
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