EXHIBIT 10.76 AMENDMENT TO UNSECURED NOTE $3,500,000 FEBRUARY 7, 2001 IRVINE, CALIFORNIA This Amendment to Unsecured Note ("Amendment") is made and entered into effective as of this 7th day of February 2001, by and between Epicor Software Corporation ("Corporation") and L. George Klaus. RECITALS: WHEREAS, when George Klaus joined the Corporation in February 1996, he purchased 2,000,000 shares of restricted common stock pursuant to two promissory notes, a Note Secured By Stock Pledge Agreement and an Unsecured Note, each in the amount of $3,500,000 (in the total aggregate principal amount of $7,000,000 (collectively, the "Notes")) due and payable to the Corporation as of February 7, 2001; WHEREAS the above-referenced Notes were originally drafted to accrue interest at six percent (6%) per annum, compounded annually and were accruing such interest until April 22, 1998 when the Corporation's Board of Directors voted unanimously, with George Klaus abstaining, to waive the collection of all accrued interest to date and any interest that may accrue in the future on the Notes as long as they remain outstanding; WHEREAS, Mr. Klaus has not to date paid off any of the amount owing under the Note Secured By Stock Pledge Agreement or the Unsecured Note; and WHEREAS, Mr. Klaus and the Corporation wish to amend the Unsecured Note to extend the duration of the Unsecured Note for two (2) years and in consideration for such extension, reinstate the accrual of interest on the unpaid principle of such Unsecured Note from February 7, 2001 and for as long as the Unsecured Note remains outstanding and to further provide for accelerated payment on the Unsecured Note in the event certain conditions are met. NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained below, Corporation and Mr. Klaus agree to amend the Unsecured Note as follows: 1. The duration of the Unsecured Note shall hereby be extended for a period of two (2) years up through and including February 7, 2003; provided however that if at any time during that two (2) year period, the closing bid price for the Corporation's publicly traded common stock equals six dollars ($6.00 USD) or more for ten (10) consecutive trading days, the Unsecured Note shall immediately become due and payable along with any interest that has accrued to that date; 2. From February 7, 2001, and for as long as the Unsecured Note remains outstanding, interest shall accrue on the unpaid principle balance of the Unsecured Note at a rate of six percent (6.0%) per annum, compounded annually and shall be payable by Mr. Klaus to the Corporation with the outstanding principal on the maturity date of the Unsecured Note; and 3. All other terms of the Unsecured Note not impacted or altered by this Amendment will remain in full force and effect. All terms not defined in this Amendment shall have the meanings ascribed to them in the Unsecured Note. IN WITNESS WHEREOF, the undersigned parties have executed this Amendment effective as of the date first above written. EPICOR SOFTWARE CORPORATION L. GEORGE KLAUS By: /s/ Lee Kim By: /s/ L. George Klaus _____________________________ ____________________________ Its: Senior Vice President and Chief Financial Officer (Principal Financial and Accounting Officer) ____________________________