Attached files
| file | filename |
|---|---|
| 10-Q - FORM 10-Q - ISC8 INC. /DE | a56102e10vq.htm |
| EX-32 - EX-32 - ISC8 INC. /DE | a56102exv32.htm |
| EX-10.9 - EX-10.9 - ISC8 INC. /DE | a56102exv10w9.htm |
| EX-10.8 - EX-10.8 - ISC8 INC. /DE | a56102exv10w8.htm |
| EX-10.2 - EX-10.2 - ISC8 INC. /DE | a56102exv10w2.htm |
| EX-31.2 - EX-31.2 - ISC8 INC. /DE | a56102exv31w2.htm |
| EX-10.6 - EX-10.6 - ISC8 INC. /DE | a56102exv10w6.htm |
| EX-10.7 - EX-10.7 - ISC8 INC. /DE | a56102exv10w7.htm |
| EX-31.1 - EX-31.1 - ISC8 INC. /DE | a56102exv31w1.htm |
| EX-10.11 - EX-10.11 - ISC8 INC. /DE | a56102exv10w11.htm |
| EX-10.10 - EX-10.10 - ISC8 INC. /DE | a56102exv10w10.htm |
| EX-10.12 - EX-10.12 - ISC8 INC. /DE | a56102exv10w12.htm |
Exhibit 10.13
CLARIFICATION DATED APRIL 27, 2010 BETWEEN IRVINE SENSORS CORPORATION AND LONGVIEW
CLARIFICATION TO
AGREEMENT, CONSENT AND WAIVER
AGREEMENT, CONSENT AND WAIVER
This Clarification (this “Clarification”) to the Agreement, Consent and Waiver by and between
the Company and Longview dated as of April 9, 2010 (the “Agreement”), is made as of April 27, 2010
by and between the Company and Longview. Capitalized terms used but not defined herein shall have
the meaning given to them in the Agreement.
WHEREAS, the Company entered into the Agreement and agreed to the contingent issuance of the
Contingent Securities as an inducement to obtain Longview’s consent to the Looney Settlement and
Looney Note;
WHEREAS, the Company also agreed to issue the Waiver Securities as an inducment to obtain
Longview’s waiver of the Accumulated Dividends; and
WHEREAS, the Parties wish to clarify (i) the value of the Contingent Securities and (ii) the
value of the Waiver Securities.
NOW, THEREFORE, the Parties agree that (i) the value of the Contingent Securities at the time
the Parties entered into the Agreement was $0.30 per share, and (ii) the value of the Waiver
Securities at the time the Parties entered into the Agreement was $0.30 per share.
IN WITNESS WHEREOF, the parties have executed this Clarification as of the date first written
above.
| IRVINE SENSORS CORPORATION |
||||
| By: | /c/ John J. Stuart, Jr. | |||
| Name: | John J. Stuart, Jr. | |||
| Title: | Chief Financial Officer | |||
| LONGVIEW FUND, L.P. |
||||
| By: | /c/ S. Michael Rudolph | |||
| Name: | S. Michael Rudolph | |||
| Title: | CFO — Investment Adviser | |||