Amendment to Series C2 Convertible Preferred Stock Letter Agreement between Millennium Cell Inc. and Series C2 Holders
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Summary
This amendment, dated May 2007, modifies a previous agreement between Millennium Cell Inc. and holders of its Series C2 Convertible Preferred Stock. The main change is to extend the Interim Conversion Waiver Period, moving its end date from June 15, 2007, to July 15, 2007. The amendment becomes effective once holders of a majority of the outstanding Series C Preferred Stock sign and deliver their acceptance. All other terms of the original agreement remain unchanged.
EX-10.1 2 exhibit10_1.htm EXHIBIT 10.1 - AMENDMENT TO SERIES C LETTER Exhibit 10.1 - Amendment to Series C Letter Exhibit 10.1
[
May [__], 2007
BY FACSIMILE
[Name of Series C2 Holder]
[Address of Series C2 Holder]
Re: Amendment to the Letter Agreement, Dated February 15, 2007, Between Millennium Cell Inc. (the “Company”) and Certain Holders of the Company’s Series C2 Convertible Preferred Stock.
Ladies and Gentlemen:
Reference is made to that certain Letter Agreement, dated February 15, 2007 (the “Letter Agreement”), between the Company and certain holders of the Company’s Series C2 Convertible Preferred Stock, par value $0.01 (the “Series C Preferred Stock”). Capitalized terms used but not defined in this letter shall have the meanings given to such terms in the Letter Agreement.
Effective upon the execution and delivery to the Company of a counterpart to this letter by a number of holders of at least a majority of the aggregate outstanding Series C Preferred Stock, the Letter Agreement is hereby amended so that the Interim Conversion Waiver Period shall end on July 15, 2007, instead of on June 15, 2007.
Very truly yours,
| MILLENNIUM CELL INC. By: ________________________ Name: John Giolli Title: Chief Executive Officer |
ACKNOWLEDGED AND AGREED TO:
[SERIES C2 HOLDER]
By: ________________________
Name:
Title:
2
