Extension Letter Agreement Regarding Secured Indebtedness Between NeoRx Entities and Texas State Bank (January 30, 2006)

Summary

NeoRx Corporation and NeoRx Manufacturing Group, Inc. have agreed with Texas State Bank to extend the terms of their existing forbearance and loan agreements. The Bank is authorized to apply the cash collateral to the outstanding loan balance, and the maturity date of the $6 million promissory note is changed to June 5, 2006. All other terms of the original agreements remain in effect unless specifically modified by this extension. This agreement is effective upon the Bank's countersignature.

EX-10.6 8 a06-4111_1ex10d6.htm MATERIAL CONTRACTS

Exhibit 10.6

 

[NeoRx Letterhead]

 

January 30, 2006

 

Texas State Bank
P.O. Box 4797
McAllen, Texas  78502-4797
Attention:  Douglas G. Bready

 

Re:      Extension of Agreements Concerning Secured Indebtedness

 

Dear Mr. Bready:

 

Reference is hereby made to that certain letter agreement dated October 14, 2005 (the “Forbearance Agreement”) between Texas State Bank (the “Bank”), NeoRx Manufacturing Group, Inc., formerly NRX Acquisition Corporation (“NRX”), and NeoRx Corporation (“NeoRx”).  Capitalized terms not otherwise defined herein are used as defined in the Forbearance Agreement.

 

We hereby request an extension of the time periods set forth in the Forbearance Agreement on the following terms and conditions:

 

1.         Effective upon the Bank’s countersignature of this letter (the “Extension Letter”), the Bank may take the Cash Collateral, including all interest accrued thereon, and apply it to the outstanding balance of the Note.

 

2.         The Bank Agreements are hereby extended through and including June 5, 2006; provided that the fourth paragraph of the Bank Agreements, respecting release of the Cash Collateral, shall be of no further force and effect.  In addition, NeoRx hereby agrees that the maturity date of the $6,000,000.00 promissory note that is the subject of Forebearance Agreement is changed from “April 17, 2009,” to “June 5, 2006.”

 

3.         Except as specifically set forth herein, the Forbearance Agreement and all other the terms of the promissory note and the other Loan Documents shall remain in full force and effect.

 

Assuming this is acceptable to the Bank, please execute a counterpart of this Extension Letter where indicated below.  We much appreciate your courtesy and consideration in this matter.

 



 

 

Very truly yours,

 

NeoRx Corporation

 

s/Gerald McMahon

 

 

Gerald McMahon

 

President and CEO

 

 

 

 

 

NeoRx Manufacturing Group, Inc.

 

 

 

s/ Gerald McMahon

 

 

By Gerald McMahon

 

President and CEO

 

 

ACCEPTED AND AGREED:

 

 

 

Texas State Bank

 

 

 

s/ Douglas G. Bready

 

 

By Douglas G. Bready

 

 President – McAllen