Amendment and Waiver Agreement for Promissory Notes between Performance Health Technologies, Inc. and Noteholders

Summary

Performance Health Technologies, Inc. and various holders of its promissory notes agree to extend the maturity date of notes originally due on June 15, 2008, to November 30, 2008. The noteholders also agree to waive any default that may have occurred due to non-payment as of the original maturity date. The agreement requires each noteholder to sign and return their consent, formalizing the extension and waiver. This amendment provides the company additional time to fulfill its payment obligations without penalty for the missed original due date.

EX-10.133 10 exh10-133_16029.htm FORM OF AMENDMENT OF NOTES WWW.EXFILE.COM -- PERFORMANCE HEALTH -- 16029 -- EXHIBIT 10-133 TO FORM 10-Q

EXHIBIT 10.133

PERFORMANCE HEALTH TECHNOLOGIES, INC.

427 Riverview Plaza

Trenton, NJ 08611

Telephone: ###-###-####

Facsimile: ###-###-####

Dear Holders of Promissory Notes dated June 15, 2007:

The Company is requesting your consent to an amendment of the maturity date of the above-referenced outstanding promissory note issued by the Company and held by you which has a maturity date of June 15, 2008 (the “Current Maturity Date”) to a new maturity date of November 30, 2008 (the “New Maturity Date”) and waiver of any event of default relating to the non-payment of such note as of June 15, 2008 (the “Waiver”).

Toward that end, we ask that you complete, sign and return this letter as soon as possible.

Please take a moment to sign and return your consent by facsimile to ###-###-####.


As of June 15, 2008		Very truly yours,
		/s/ Dominique Prunetti Miller
		Dominique Prunetti Miller
		Secretary

The New Maturity Date and Waiver is accepted

and agreed by the undersigned noteholder:

By: /s/ Mildred Broussard
Name: Mildred Broussard
Date: 7-10-08

PERFORMANCE HEALTH TECHNOLOGIES, INC.

427 Riverview Plaza

Trenton, NJ 08611

Telephone: ###-###-####

Facsimile: ###-###-####

Dear Holders of Promissory Notes dated June 15, 2007:

Toward that end, we ask that you complete, sign and return this letter as soon as possible.

Please take a moment to sign and return your consent by facsimile to ###-###-####.


As of June 15, 2008		Very truly yours,
		/s/ Dominique Prunetti Miller
		Dominique Prunetti Miller
		Secretary

The New Maturity Date and Waiver is accepted

and agreed by the undersigned noteholder:

By: /s/ Marilyn Rettig
Name:
Date: 7-15-08

PERFORMANCE HEALTH TECHNOLOGIES, INC.

427 Riverview Plaza

Trenton, NJ 08611

Telephone: ###-###-####

Facsimile: ###-###-####

Dear Holders of Promissory Notes dated June 15, 2007:

Toward that end, we ask that you complete, sign and return this letter as soon as possible.

Please take a moment to sign and return your consent by facsimile to ###-###-####.


As of June 15, 2008		Very truly yours,
		/s/ Dominique Prunetti Miller
		Dominique Prunetti Miller
		Secretary

The New Maturity Date and Waiver is accepted

and agreed by the undersigned noteholder:

By: /s/ Joe Setina
Name: Joe Setina
Date: 7-24-08

PERFORMANCE HEALTH TECHNOLOGIES, INC.

427 Riverview Plaza

Trenton, NJ 08611

Telephone: ###-###-####

Facsimile: ###-###-####

Dear Holders of Promissory Notes dated June 15, 2007:

Toward that end, we ask that you complete, sign and return this letter as soon as possible.

Please take a moment to sign and return your consent by facsimile to ###-###-####.


As of June 15, 2008		Very truly yours,
		/s/ Dominique Prunetti Miller
		Dominique Prunetti Miller
		Secretary

The New Maturity Date and Waiver is accepted

and agreed by the undersigned noteholder:

By: /s/ Charles A. Ballah
Name:
Date:

PERFORMANCE HEALTH TECHNOLOGIES, INC.

427 Riverview Plaza

Trenton, NJ 08611

Telephone: ###-###-####

Facsimile: ###-###-####

Dear Holders of Promissory Notes dated June 15, 2007:

Toward that end, we ask that you complete, sign and return this letter as soon as possible.

Please take a moment to sign and return your consent by facsimile to ###-###-####.


As of June 15, 2008		Very truly yours,
		/s/ Dominique Prunetti Miller
		Dominique Prunetti Miller
		Secretary

The New Maturity Date and Waiver is accepted

and agreed by the undersigned noteholder:

By: /s/ James T. Smith
Name: James T. Smith
Date: