Attached files
| file | filename |
|---|---|
| 10-K - 22nd Century Group, Inc. | v204133_10k.htm |
| EX-21 - 22nd Century Group, Inc. | v204133_ex21.htm |
| EX-3.2 - 22nd Century Group, Inc. | v204133_ex3-2.htm |
| EX-4.4 - 22nd Century Group, Inc. | v204133_ex4-4.htm |
| EX-31.1 - 22nd Century Group, Inc. | v204133_ex31-1.htm |
| EX-32.1 - 22nd Century Group, Inc. | v204133_ex32-1.htm |
EXHIBIT
4.2
AMENDMENT
TO $80,000 8.25% CONVERTIBLE PROMISSORY NOTE
DATED
MAY 8, 2009
WHEREAS, on May 8, 2009 Touchstone
Mining Ltd., a Nevada corporation (the “Obligor”), issued a
8.25% Convertible Promissory Note (the “Note”) due November
8, 2010 (the “Original
Maturity Date”) in the principal amount of $80,000.00 in favor of
Milestone Enhanced Fund Ltd. (the “Payee”);
and
WHEREAS, the Obligor and the
Payee wish to amend
the terms of the Note, to extend the Original Maturity Date by six (6) months
and to provide for the accrual of interest on the outstanding principal amount
of the Note during such extension.
NOW, THEREFORE, in consideration of the
mutual promises set forth herein, the Obligor and the Payee hereby agree that: (i)
the unpaid principal balance of the Note shall be due and payable on May 8, 2011
(the “New Maturity
Date”), and (ii) interest shall accrue on the unpaid principal balance of
the Note at an annual rate of 8.25% from the Original Maturity Date until the
New Maturity Date, and shall be paid in full on the New Maturity
Date. All other terms and conditions of the Note remain
unchanged.
IN WITNESS WHEREOF, this
Amendment has been duly executed by the Obligor and acknowledged by the Payee as
of the 8th day of
November 2010.
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TOUCHSTONE
MINING LTD.
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By:
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/s/ Ronald
Asirwatham
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Name: Ronald
Asirwatham
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Title: President
and Chief Executive Officer
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MILESTONE
ENHANCED FUND LTD.
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By:
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/s/ Anthony A.
McKinney
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Name: Anthony
A. McKinney
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Title: Director
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