AMENDMENT NO. 9 TO NOTE
AMENDMENT NO. 9 TO NOTE (this Amendment), dated and effective as of September 1, 2020, is made by and between the U.S. SMALL BUSINESS ADMINISTRATION (SBA), an agency of the United States, and its successors and assigns, and FRESHSTART VENTURE CAPITAL CORPORATION (the Licensee), a Small Business Investment Company, licensed under the Small Business Investment Act of 1958, as amended, whose principal office is located at 437 Madison Avenue, New York, NY 10022.
WHEREAS, the Licensee issued that certain Note, effective as of March 1, 2017 in the principal amount of $34,024,755.58 (thirty-four million twenty-four thousand seven hundred fifty-five and 58/100 dollars) in favor of SBA (the Existing Note).
WHEREAS, SBA and the Licensee have agreed, subject to the terms and conditions of this Amendment, that the Existing Note be amended to reflect certain agreed upon revisions to the terms of the Existing Note.
NOW THEREFORE, SBA and the Licensee hereby agree, in consideration of the mutual premises and mutual obligations set forth herein, that the Existing Note is hereby amended as follows:
SECTION 1. Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note shall have the same meanings when used herein.
SECTION 2. Amendments.
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In the last sentence of the second paragraph of the Existing Note the phrase, September 1, 2020 is hereby deleted in its entirety and replaced with the following:
September 14, 2020
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In the third paragraph of the Existing Note the phrase, September 1, 2020 is hereby deleted in its entirety and replaced with the following:
September 14, 2020
SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note.
SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended).