EXHIBIT 10.3
Amendments to Senior Secured Bridge Promissory Notes and related security agreements dated September 25, 2013 by and among Bioject Medical Technologies Inc. (the “Corporation”), Bioject Inc. (the “Subsidiary”), the Purchasers and the Purchaser (as defined below).
Edward Flynn, Albert Hansen, Mark Logomasini and Richard Richieri (together, the “Purchasers”), the holders of the Corporation’s $310,000 Senior Secured Bridge Promissory Notes dated July 16, 2013, and Mark Logomasini (the “Purchaser”), the holder of the Corporation’s $120,000 Senior Secured Bridge Promissory Note dated August 28, 2013, agree that in exchange for the interest rate of the foregoing notes increasing to 15% as of the date hereof, that all their rights and the references to the vial adapter device of the Purchasers and the Purchaser pursuant to and contained in (a) the foregoing notes, (b) the Security Agreements dated July 16, 2013 by and among the Corporation, the Subsidiary and the Purchasers and (c) the Security Agreement dated August 28, 2013 by and among the Corporation, the Subsidiary and the Purchaser, are hereby released and deleted and the following patents of the Subsidiary listed on Exhibit A, Part 2, Schedule B to the foregoing security agreements are hereby deleted therefrom:
| | | | | | | | | | | | |
Title | | # of
Claims | | Country | | Issue
Date | | Patent/TM
# | | | Term/Exp
date |
| | | | | |
Medication Vial/Syringe Liquid-Transfer Apparatus | | 10 | | USA | | 4/13/1999 | | | 5,893,397 | | | 1/12/2016 |
| | | | | |
Medication Vial/Syringe Liquid-Transfer Apparatus | | 23 | | Japan | | 2/16/2007 | | | 3916713 | | | 12/24/2016 |
| | | | | |
Medication Vial/Syringe Liquid-Transfer Apparatus | | 13 | | Europe
(AT, BE,
CH, DE,
DK, ES,
FI, FR,
GB, GR,
IE, IT, LI,
LU, MC,
NL, PT,
SE) | | 5/21/2003 | | | 783879 | | | 12/20/2016 |
| | | | | |
Medication Vial/Syringe Liquid-Transfer Apparatus | | 23 | | Canada | | 6/27/2000 | | | 2,192,623 | | | 12/11/2016 |
1
Agreed as of the date first set forth above:
| | |
| Bioject Medical Technologies Inc. |
| |
| By: | | /s/ Christine M. Farrell |
| Christine M. Farrell, Vice President of Finance |
|
| Bioject Inc. |
| |
| By: | | /s/ Christine M. Farrell |
| Christine M. Farrell, Vice President of Finance |
|
/s/ Edward Flynn |
| Edward Flynn |
|
/s/ Albert Hansen |
| Albert Hansen |
|
/s/ Mark Logomasini |
| Mark Logomasini |
|
/s/ Richard Richieri |
| Richard Richieri |
2
