CYBRA CORP - FORM 8-K - EX-10.4 - FORM OF WAIVER AND CONFIRMATION BY THE OPTION C HOLDERS - June 11, 2010

Attached files

file filename
8-K - CURRENT REPORT - CYBRA CORPf8k06810_cybra.htm
EX-4.1 - FORM OF AMENDED AND RESTATED 8% CONVERTIBLE DEBENTURE DUE APRIL 10, 2011 IN FAVOR OF THE HOLDERS - CYBRA CORPf8k06810ex4i_cybra.htm
EX-10.1 - FORM OF DEBENTURE AMENDMENT AND EXCHANGE AGREEMENT, DATED AS OF APRIL 10, 2009, BETWEEN THE COMPANY AND THE OPTION A HOLDERS - CYBRA CORPf8k06810ex10i_cybra.htm
EX-4.4 - FORM OF CLASS B STOCK PURCHASE WARRANT, DATED AS OF APRIL 10, 2006, ISSUED TO THE OPTION C HOLDERS - CYBRA CORPf8k06810ex4iv_cybra.htm
EX-4.2 - FORM OF CLASS B STOCK PURCHASE WARRANT, DATED AS OF APRIL 10, 2006, ISSUED TO THE OPTION A HOLDERS - CYBRA CORPf8k06810ex4ii_cybra.htm
EX-10.2 - FORM OF DEBENTURE AMENDMENT AND EXCHANGE AGREEMENT, DATED AS OF APRIL 10, 2009, BETWEEN THE COMPANY AND THE OPTION B HOLDERS - CYBRA CORPf8k06810ex10ii_cybra.htm
EX-4.3 - FORM OF CLASS B STOCK PURCHASE WARRANT, DATED AS OF APRIL 10, 2006, ISSUED TO THE OPTION B HOLDERS - CYBRA CORPf8k06810ex4iii_cybra.htm
EX-10.3 - FORM OF SECURITIES EXCHANGE AGREEMENT, DATED AS OF APRIL 10, 2009, AMONG THE COMPANY, THE OPTION C HOLDERS, SNOW BECKER KRAUSS P.C., AS ESCROW AGENT, AND HAROLD L. BRAND. - CYBRA CORPf8k06810ex10iii_cybra.htm
Exhibit 10.4


WAIVER AND CONFIRMATION


WHEREAS, the undersigned (the “Holder”) is a holder of 8% Convertible Debentures due April 10, 2009 (the “Debenture”) issued by CYBRA Corporation, a New York corporation (the “Corporation”); and

WHEREAS, pursuant to the Securities Exchange Agreement (the “Exchange Agreement”), dated as of April 10, 2009, between the Corporation and the Holder, the Holder has agreed to exchange the Debenture for the number of shares of the Corporation’s Series A 10% Convertible Preferred Stock (the “Preferred Stock”) set forth in the Exchange Agreement; and

WHEREAS, for purposes of certainty, the Holder wishes to (i) waive certain provisions of the Exchange Agreement and (ii) confirm the Exchange Agreement.

NOW THEREFORE, the Holder hereby agrees as follows:

1.  
Notwithstanding Section 11(c) of the Exchange Agreement, the Holder hereby irrevocably and unconditionally waives the expiration date of October 1, 2009 provided for in Section 3(b) of the Exchange Agreement.

2.  
The Holder hereby confirms that the Holder will proceed with the exchange of the 8% Convertible Debenture due April 10, 2009 issued by the Corporation for shares of the Preferred Stock in accordance with the terms of the Exchange Agreement.

IN WITNESS WHEREOF, the Holder has executed this Waiver and Confirmation effective as of the day and year written below.

 

                                                                                                HOLDER

By: ___________________
 
Name:
 
Date:

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